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TAMMANY'S TREASON 

IMPEACHMENT OF 
GOVERNOR WILLIAM SULZER 



The complete story written from behind the scenes, showing 

how^ Tammany plays the game, how^ men are bought 

sold and delivered 



By 

JAY W. FORREST and JAMES MALCOLM 



Foreword by 

CHESTER C. PLATT 

Private Secretary to Governor William Sulzer 



Illustrations by 

W. K. STARRETT 



ALBANY, NEW YORK 
NINETEEN HUNDRED AND THIRTEEN 






COPYIUGHT, 1913 
BY 

J, H. FORREST, Ai.ma.nv, N. Y. 
Published December, 1913 

COPVai^HT OFFIOC 

APrt 8 19U 



Entered according to Act of Congress 
in the year 1913 by J. H. Fokuest, 
in the office of the Ijibrariaii of Congress 
at Washington, D. C. 

All Rights Reserved 



The Fort Orange Press 
albany, n. y. 



.^<^.7V 



<^^i^3 Pci.AaTjajy 



M. 



L / 



"Out of the night that shelters me 
Black as a pit, from pole to pole, 

I thank whatever Gods there be 
For my unconquerable soul. 

In the fell clutch of circumstance 
1 have not winced or cried aloud; 

Beneath the bludgeonings of chance 
My head is bloody, but not bowed. 

However straight may be the gate. 

How charged with punishment the scroll, 

I am the master of my fate, 
I am the captain of my soul." 



Henlry, who was denied the Laureateship because 
he was not Orthodox; in defiant scorn flung out these 
lines which tell so much to those who can comprehend. 



CONTENTS 

CHAPTER I PAGE 

William Sulzer's Entrance Into Public Life 19 

CHAPTER n 
Governor Dix's Tammany Administration 23 

CHAPTER HI 
Martin H. Glynn's Ambition to be Governor 27 

CHAPTER IV 

Democratic State Convention at Syracuse, October, 1912 32 

CHAPTER V 
Sulzer's Campaign for Governor and His Election 37 

CHAPTER VI 
Murphy Offers to Pay Sulzer's Debts 41 

CHAPTER VII 
SuLZER Tried to be at Peace With Murphy 46 

CHAPTER VIII 
Glynn Predicts in February He Will be Governor 51 

CHAPTER IX 
Sulzer's Secret Meetings With Murphy 57 

CHAPTER X 
Sulzer's Last Meeting With the Boss 67 

CHAPTER XI 

Impeachment Court at Delmonico's 74 

CHAPTER XII 
" We're Going to Get That Fellow."— McCabe 81 

CHAPTER XIII 
Eugene D. Wood's Letter Tells of Delmonico Conferences. . . 86 



X Contents 

CHAPTER XIV PAGE 

Murphy Sends Messengers to Threaten Sulzer 95 

CHAPTER XV 
Norman E. Mack Accepts and Then Declines Place on Sulzer 

Primary Committee 101 

CHAPTER XVI 
The Frawley Committee and Its Work 104 

CHAPTER XVII 
Charges of Graft Made Against Justice Daniel F. Cohalan.. 110 

CHAPTER XVIII 
Frawley Committee Delves Into Sulzer's Campaign Accounts . 116 

CHAPTER XIX 
Governor Sulzer's Last Speech in the Executive Chamber 122 

CHAPTER XX 
Murphy's Assembly Ordered to Impeach the Governor 132 

CHAPTER XXI 
" Government by Investigation Should Now Cease." — Glynn . . 143 

CHAPTER XXII 
The High Court of Impeachment Convenes 149 

CHAPTER XXIII 
Assembly Denounced for Usurpation 158 

CHAPTER XXIV 

Sulzer Chafes Under Ban of Silence 163 

CHAPTER XXV 
Summing Up and Removal 168 

CHAPTER XXVI 
Sulzer Says His Removal Was a Political Lynching 181 

CHAPTER XXVII 
Deposed Governor Greeted as a Hero 184 

CHAPTER XXVIII 
Sulzer Nominated and Elected to Assembly 189 



Contents xi 

CONCLUSION PAGE 

The People Demand Social Justice, Economic Freedom and 

Political Liberty 202 

APPENDIX 
Argument of Hon. Harvey D. Hinman of Counsel for Governor 

SULZER 209 

Argument of Hon. Louis Marshall of Counsel for Governor 

SULZER 212 

Argument of Hon. Alton B. Parker, Chief Counsel for Im- 
peachment Managers 219 

Argument of Hon. D- Cady Herrick, Chief Counsel for Gov- 
ernor SULZER 225 

Argument of Hon. Edgar T. Brackett, Counsel for Impeach- 
ment Managers 240 

Chief Judge Edgar M. Cullen in Explaining Vote 253 

Biography of Governor William Sulzer 259 

Hennessy's Report in Relation to Capitol Contracts 279 

Hennessy's Report on Highway Graft 295 

Blake's Report on Prisons 303 

List of Men at Direct Primary Conferences 319 

How the Legislature Voted on the Primary Bill 327 

Sulzer's Speech at Buffalo, May 19, 1913 339 

Forrest's Speech at Schenectady, May 21, 1913 346 

Sulzer's Speech at Rochester, June 11, 1913 353 

Sulzer's Message to Legislature — Extraordinary Session 360 

Full Crew Bill — The Man Above the Dollar 374 

Sulzer's Last Message to the Legislature Previous to Impeach- 
ment 377 

Articles of Impeachment Against Governor William Sulzer. . . 383 
Indictment of the Rockland County Grand Jury on the Highway 

Frauds 393 

Roosevelt's Letter to Governor Sulzer 396 

Editorials by Leading Papers of the Country 397, 416 

Ticonderoga Mass Meeting Denouncing Tammany's Treason. . . 417 
Letters Received by Governor Sulzer Following His Impeach- 
ment by the Assembly 421, 446 

Contributions to the Albany Knickerbocker Press Fund 447 

Albany Mass Meeting Against Tammany's Treason 448 



ILLUSTRATIONS 

PAGE 

William Sulzer _ .Frontispiece 

Facsimile letter of Governor William Sulzer 15 

Facsimile letter of Martin H. Glynn to Jay W. Forrest 30-31 

"If he does not do these things I will be governor of the state" 53 

"I will disgrace and destroy you" 69 

Governor Sulzer and Lieutenant-Governor Glynn 73 

"We are going to get that fellow before we are through with him" 79 

"At Delmonico's— Murphy, Glynn, McCabe, McCall, McCooey and 

Wagner" gy 

Facsimile letter of Eugene D. Wood 90_92_93 

Matthew T. Horgan and William H. Fitzpatrick 105 

Isodor Kressel, William T. Jerome and Judge Cohalan Ill 

"Al Smith getting orders from Delmonico's" 127 

Aaron J. Levy's sunrise speech I39 

Lawyers for Impeachment Managers 151 

Senators Wagner and Frawley J55 

Lieutenant-Governor Martin H. Glynn and Frank Tiemey 165 

Aaron J. Levy , ^q 

Patrick Edgar McCabe jyq 

The capitol and the executive chamber 205 

Hon. Harvey D. Hinman 209 

Hon. Louis Marshall 212 

Hon. Alton B. Parker 219 

Hon. D. Cady Herrick 225 

Hon. Edgar T. Brackett 240 

Jay W. Forrest 3^^ 



CARTOONS REPRODUCED 

PAGE 

'The Constitutional Governor" 18 

'The New Arson Trust" ^5 

'The Gang— 'Lynch Her' " 94 

"A Man, the State, the Mob and the Beast" 97 

'What Are You Going To Do About It? " 100 

'And He Used Campaign Funds To Gamble in Wall Street, and" 117 

'His Master's Voice" 123 

'Breaking the Penal Law" 133 

^'Impeaching Sulzer" 13^ 

'How Murphy Impeached Sulzer" 137 

'Impeaching Sulzer" 1*'-' 

"The Governor and the Pretender" 147 

"The Court of Impeachment" 1^9 

"Doomed, " 191 

"The Deluge" ^93 

"Fear Hath Torment" 199 

"The Great S(t)eal of the Empire State" 208 

"Ring-a-round-the-rosy" 261 

"The Climbers" 280 

"It Is To Laugh" 294 

"Darby and Jonahi " 304 

"The State Government" 318 

"He's Good Enough For Me" 326 

"King Cannot" _ 338 

"Bill Sikes Murphy— 'Don't I Own Yer? ' " 413 




State of New York 

Executive Chamber 

Albany 

October 21, 1913 
Jay W» Forrest, Esq., 
Albany, N. Y. 

IJy dear Mr. Forrest r 

Information has just come to me that 
you are preparing for ptiblication the history of my Removal 
from Office by an arrogant and relentless Boas because I 
refused to do his bidding. 

You are peculiarly qualified to do this 
work, and I know you will do it in suoh a way aa to present 
the faots and' the whole case to the people. Uo one is more 
anxious than I am to have this done so that the people of the 
Country shall understeuid the real reasons for my impeachment 
as the Governor of the State. You know my trial was a 
political lynching. 

I sincerely hope your book will be published 
at an early date, and I feel confident it will have a large 
distribution and a wide circulation. 

The story of Bossism run mad will be as in- 
teresting as it will be instructive to the believers in honest 
government from one end of the land to the other* 

With best wishes, believe me, 

Very sincerely your friend. 



•^Mj*^ 



Tl 



gr=] i , r=:^ p=im r= i nf=i i ! r= i r=ir 

GOVERNOR SULZER: " I have lost my office, but 
I have kept my self-respect. I Mould rather lose the 
governorship than lose my soul and no governor can 
serve God and Mammon, the people and the boss, the 
visible and invisible government. Had I but served 
the boss with half the zeal I did the state, William 
Sulzer would not have been impeached." 

JUDGE EDGAR M. CULLEN, presiding judge of the 
high court of impeachment: " Never before the present 
case has it been attempted to impeach a public officer 
for acts committed when he was not an officer of the 
state. No suggestion to that effect can be found in 
any opinion of courts of impeachment in the arguments 
of counsel on such trials, or in the text writers. In 
several cases where it has been sought to remove the 
officers for such acts for judicial proceedings, the right 
has been expressly denied." 

JOHN A. HENNESSY, special investigator for 
Governor Sulzer: " No one better than I knows that 
had the governor agreed not to execute his oath of 
office he would be today unchallenged in his place as 
executive, no matter what other bitterness might be 
displayed against his independence of boss control. 
' It is his life, not ours,' was the way one Murphy 
leader put it to a group of newspaper men." 

FORMER JUDGE D-CADY HERRICK, chief counsel 
for Governor Sulzer: " If there is a determination to 
convict this man here, do it without any violation of 
the law. It is related that one of the judges of the 
old Court of Appeals not one of the present court 
said that ' when me and Judge So-and-so make up our 
minds to beat a man, we can always find a way to do it.' " 



^=1 E=][ ^ 1 1 i [=in i =i nr=i[==i i i r=rir=Jl 



INTRODUCTION 



In the impeachment and removal of Governor WilHam 
Sulzer the arrogance of corrupt bossism in New York state 
reached its zenith in boldness and brutality. Up to that time 
political bosses had controlled party organizations; they had 
commanded legislatures and administrative officers of the 
state government; they had nominated, for a consideration, 
justices of the supreme court, but it remained for Charles 
F. Murphy, the reigning boss of his period, to impeach and 
remove a governor only because the governor refused to do 
the bidding of the boss. 

In that respect and for many other reasons the removal of 
Governor Sulzer is without a parallel in the history of 
impeachments or since civilized government began. 

It is one of the crises in human affairs, an event of epochal 
importance in the evolution of popular government. Only 
the perspective, which time and vision create, can reveal its 
tremendous significance. 

The purpose of this book is to bring clearly to the attention 
of the reader the vital happenings, preceding and immediately 
following the impeachment. One of its objects is to make 
plain to the ordinary citizen the underground or hidden causes 
that make such events possible in a country where the people 
are supposed to be sovereign. 

Governor Sulzer was nominated in a convention controlled 
by the boss, who in less than ten months from the date of his 
inauguration brought about his removal. 

Whatever may have been the governor's shortcomings before he 
was installed as chief executive there was no evidence adduced to 
prove that he was faithless to his trust after he became governor. 

On the contrary, it is doubtful whether any executive of 
New York state ever accomplished so much of permanent 
good to the public as did William Sulzer by his courageous and 
unswerving assault upon bossism during the seven and a half 
months he was permitted to exercise the functions of the office. 

History will record that he was the powerful instrument 

9 



10 Tammany's Treason 

during that brief and interrupted term to strike the fatal blow 
to a political oligarchy and to inaugurate a new era of freedom 
in the state government. 

The following pages narrate accurately and dispassionately 
the big and controlling events surrounding the tragedy of the 
impeachment. Much of the story here related has never 
before been told. 

It lays bare the connection between bossism and invisible 
government. It supplies the facts to prove that the boss 
could not persist and so long defy public sentiment, if indeed 
he were not the agent and the servant of greedy special inter- 
ests which in their political activities always are invisible. 

Governor Sulzer immediately was the victim of a corrupt 
boss, but primarily he was the victim of those sinister forces 
which stealthily and powerfully operate through the bosses. 

His fate was designed by his assailants to be a warning 
forever to governors who dared to harbor any notions of inde- 
pendence. 

All signs indicate that his refusal to obey the command of 
those who set themselves up as his masters marked the be- 
ginning of the end of irresponsible government in New York 
state. 



Impeachment of Governor Sulzer 11 



FOREWORD 



By Chester C. Platt, Secretary to Governor 
William Sulzer 

The impeachment of WilHam Sulzer as governor of New York 
state marks an epoch in the history of the commonwealth. 
Corrupt political bossism had shown amazing power in many 
ways, in many states, but never in such a startling manner as 
in the removal from office of a duly elected governor of the 
greatest state in the Union. Mr. Sulzer was elected by a 
plurality of over 200,000, the largest ever given to a guber- 
natorial candidate. His administration had won popular 
approval, and when the impeachment resolution was passed 
in the assembly, Governor Sulzer was stronger with the rank 
and file of the voters of the state than he was on election day. 

In the fall of 1912, when the defeat of the democratic party 
seemed impending owing to the high character, the broad 
democratic instincts, and the wide-spread popularity of Oscar 
S. Straus, the leaders of the democratic party turned to Wil- 
liam Sulzer who had won such notable victories in the Tenth 
Congressional District in New York city and nominated him 
for governor. He not only saved the party from defeat, but 
led it to a triumphant victory, and Woodrow Wilson for 
President, carried the state by a majority almost as large as 
that given to Mr. Sulzer. 

And then what startling events followed! No sooner was 
William Sulzer made governor than it at once appeared that 
he meant what he had said in his campaign speeches, when he 
declared that if elected governor he would be THE governor, 
that he never had had a boss and never would have one. Not 
such a startling utterance to come from a candidate for public 
office; but it was surprising to many who did not thoroughly 
know the man; that the implied promise in this utterance 
was faithfully carried out by Mr. Sulzer. And it was carried 
out, although to do so Mr. Sulzer often calmly sat and looked 
political death in the face, and although carrying out the promise 
brought attacks from Charles F. Murphy, the state boss, 



12 Tammany's Treason 

calculated to ruin Mr. Sulzer's reputation and to drive him in 
disgrace from public life. 

Yet none of these things moved him, nor tempted him to 
depart from his steadfast purpose, to be the people's, and not 
the bosses' governor. 

He was determined to administer the duties of his high 
office, to promote all the reforms so much needed to remedy 
the corrupt political conditions of the times — reforms in line 
with those for which he had been struggling during eighteen 
years of faithful service to the people in the halls of congress — 
reforms calculated to make easier the hard and cruel conditions 
surrounding the life of the wage-earners of our great city — 
reforms calculated to curb the power of arrogant, avaricious 
wealth, of wealth gained by grinding the faces of the poor, of 
wealth gained through evasions of law, of wealth gained through 
the insidious passage of laws granting special privileges to the 
few, at the cost of the many— of reforms calculated to abolish 
political, economic and social injustice, to give uplift and succor 
to the friendless poor, to give to the world workers a fair share 
of the wealth they produce, that the homes of the honest 
toilers of our land may be the homes of happiness and plenty, 
and not homes of poverty and squalor. 

" To make a happy fireside clime for weans and wife 
" That's the true pathos and sublime of human life." 

How often had these immortal words of Burns been quoted 
by William Sulzer in his pleas for social justice, for conditions 
of employment uplifting and not degrading, for wages enabling 
the toiler to give to his loved ones some of the comforts as well 
as the bare necessities of existence ; for remuneration that may 
place some adornments in the homes of the wage-workers; 
that may place some good books and magazines by the fire- 
side; that may give him some hours of leisure to enjoy the pleas- 
ures of home, or to go to theatre, lecture or concert, and that 
may also give him that which is dearer to the human heart 
than all else, the opportunity to give his children a better 
education, a better training and a better start in life than he 
had himself, in the years gone by. 

Mr. Sulzer's career in congress has demonstrated the truth 
of this characterization. He was the author of measures to 
grant liberal pensions to the old soldiers; to increase the pay 



Impeachment of Governor Sulzer 13 

of letter-carriers; to curb trusts and monopolies; to place 
government close to the people through the direct election of 
United States senators; to reduce tariff taxes; to provide an 
income tax; to establish postal savings banks and the parcel 
post and to establish a department of labor, with a secretary 
having a seat in the cabinet. He showed himself the friend 
of the poor and oppressed of all nations by his resolutions of 
sympathy for the Cuban patriots, for the oppressed Jews in 
Russia, for the abrogation of the Russian treaty and for the 
recognition of the Chinese republic. 

Therefore, when Mr. Sulzer went to Albany and became 
governor none of those who knew him best were surprised that 
a battle against corrupt bossism was begun. It was this battle, 
coupled with his determination to secure the enactment of 
measures that would give the people of the state an oppor- 
tunity to nominate all state officers that aroused the vindictive 
hatred of all the bosses of the state. 

Muttered warnings of hostility were heard when the governor 
refused military pageantry at the inauguration ceremonies. 

The threat direct came in Murphy's message, " Gaffney or 
war" — a message meaning that a state highway commissioner 
was to be appointed who would be indulgent to such men as 
Bart Dunn, the Tammany Hall member of the state committee, 
and William H. Whyard, the democratic boss of Rockland 
county, who were both indicted for highway frauds. 

There were warnings which preceded the threat direct when 
the governor removed Hoefer for frauds in the state architect's 
department, and Superintendent Scott for corruption in the 
Prison department, and thus took the first step which resulted 
in twelve indictments in connection with Great Meadow 
Prison and five indictments in connection with the manage- 
ment of Sing Sing Prison. 

There were more warnings when the governor removed 
C. Gordon Reel of the highway department, and just in the 
nick of time to prevent the letting of a big bunch of bonanza 
highway contracts open war began soon after the governor 
placed John N. Carlisle at the head of the reorganized highway 
department. 

It grew more vindictive when the governor refused to turn 
the public service commission over to the railroads by appoint- 



14 Tammany's Treason 

ing George M. Palmer chairman of the commission. To 
remove the governor from office was fully determined upon 
when he appointed a practical railroad man and a union 
wage worker as a member of the Public Service Commission, 
and signed^the Full Crew bill. 

William Sulzer was governor of New York State for only nine 
months, but they were months big with accomplishments. 
During the three quarters of a year that he occupied the 
governor's chair, in pursuance of the advice and counsel of the 
best authorities in the field of sanitary science, the governor 
secured the passage of a bill reorganizing the public health 
department and increasing its efficiency to a degree that 
promises to check preventable diseases, prolong human life 
and greatly increase the general health of the people. 

The governor secured the passage of a bill reorganizing the 
labor department, which John Mitchell and James Lynch 
declare will make that department the most efficient and helpful 
to wage earners of any labor department of any state in the 
Union. 

The governor started a movement to reform prison manage- 
ment, to reform our banking laws, and our laws relating to 
taxation. It is needless to say that none of these things won 
any approval from Charles F. Murphy nor his manikins of 
the court of impeachment. They should have been par- 
ticularly interested in the movement to make our prisons 
more decent, but they were not; they were concentrating all 
their endeavors to prevent grand jury investigations, from 
Lake Erie to Long Island — investigations which promised to 
greatly augment the overcrowded condition of the prisons of 
the state. 

The governor was not seriously charged with any wrong 
doing in office, except in trying to secure the passage of a bill 
to destroy boss rule. 

It was not claimed at the time of the impeachment that 
corruption existed then in any department of the state, except 
the department of public works, and it was known that evidence 
for a grand jury investigation of this department had then been 
obtained, by a commissioner appointed by the governor for 
this purpose, and that except for the starting of the impeach- 
ment proceedings, the removal of Duncan W. Peck, the head 
of the department, would have been made. 



Impeachment of Governor Sulzer' 15 

It was not claimed that directly or indirectly the governor 
had connived at corruption or wrong doing in any department 
or office of the state. It was not charged that any campaign 
contribution made to the governor, which he omitted to report, 
wrongly influenced him in the slightest degree in any 
official acts. 

On the contrary it was his integrity, his incorruptibility 
and his refusal to turn the state over to public grafters, coupled 
with his efforts to send the grafters to prison, that led to the 
impeachment proceedings. He sacrificed himself and his 
official career in an endeavor to save the state from civic 
pollution. 

He was convicted by an unfair court. A large proportion 
of the members of that court, although in forai selected by 
the people, yet, in reality, they were placed where they were 
by the appointment of the governor's arch enemies, Charles 
F. Murphy, William H, Fitzpatrick and William Barnes. 

In violation of the common law, and of common sense, even 
the governor's vindictive accusers, who had declared him 
guilty before the trial began, were allowed to sit as his judges, 
and to join in the issuance of a verdict which they determined 
should be rendered before a word of testimony had been taken. 
With these men admitted as duly accredited members of the 
court, ready at every executive session to attack the governor, 
what a travesty it was for the presiding judge to warn mem- 
bers of the court, after the testimony had all been taken, that 
they should not discuss the case with any outside their own 
numbers. 

No wonder that even that conservative newspaper, the " Bos- 
ton Transcript," declared that " not since the days of King 
John has there been a greater travesty of justice than was pre- 
sented by the composition of the New York court of impeach- 
ment." The governor was in fact deprived of the right 
which is accorded the meanest criminal in a jury trial — the 
right to an unprejudiced court. Prejudice, vindictiveness and 
political hatred were all deeply rooted in the composition of 
the court of impeachment, which, according to all established 
standards of justice, should have been impartial. 

With regard to questionable evidence, unfavorable to the 
governor, the court adopted the convenient theory, most 



16 Tammany's Treason 

agreeable to the governor's enemies, that the evidence should 
be received, and go on record, but the validity of it was not to 
be determined until the close of the trial. The principle of 
this ruling, however, was not followed with respect to proffered 
testimony in the governor's favor, which would have been given 
by John A. Hennessy, Samuel A. Beardsley, John N. Car- 
lisle, and others. 

The prosecution was permitted to roam at will, and go on 
all sorts of fishing expeditions, but the governor's lawyers 
were promptly checked, when they sought to introduce testi- 
mony contradicting this questionable testimony. 

To impeach an official for offenses committed before he as- 
sumes the duty of the office, was in violation of all law and 
precedent. Furthermore, the court was without proper 
jurisdiction to try the governor, on the impeachment reso- 
lutions passed at an extraordinary session of the legislature. 
The constitution plainly says: 

I "At extraordinary sessions, no subject shall be acted upon, 
except such as the governor may recommend for consideration." 

The attorneys for the prosecution were unable to explain 
away the plain meaning of these words to the average citizen 
of the state. 

During his short career as governor, Mr. Sulzer made a 
peculiarly effectual appeal to the moral and religious sentiment 
of the state. After the verdict of the impeachment court, 
every mail brought testimonials of confidence and esteem 
from ministers, teachers and others, who were devoting their 
lives to political, social and moral reforms. 

The country weeklies, generally, throughout the state, 
defended the governor in their editorial columns. He also 
received the support of such independent and fair-minded 
daily newspapers as the Albany Knickerbocker Press, the 
Albany Argus, the Troy Standard Press, the Troy Observer, 
the Rochester Herald, the Rochester Union & Advertiser, the 
Buffalo Courier, the Buffalo Inquirer, the Buffalo News, the 
Elmira Gazette, the New York Evening Mail, the New York 
Globe, and nearly all the progressive daily papers in the state. 

Why the governor's case looked so differently to the editors 
of the New York Times, Sun, World, and other metropolitan 
dailies, I will not undertake to explain, except to say, that the 



Impeachment of Governor Sulzer 17 

moral and intellectual standard of such editors as Albert Shaw 
of the Review of Reviews, Lyman Abbott and Theodore 
Roosevelt, of the Outlook, Henry W. Stoddard and James 
Creelman, of the Evening Mail, will compare favorably with 
those of the editors of the daily newspapers of New York city, 
that began to turn against the governor, about the time that 
he signed the full crew bill. 

I have outlined the causes which led to Governor Sulzer's 
expulsion from office, by what will be known to future his- 
torians, not as it was called at the time " the high court of 
Impeachment," but as " Murphy's high court of infamy." 

Soon after the close of the trial, in a notable speech delivered 
at the Broadway Theatre on Sunday morning, October 26th, 
Governor Sulzer uttered these impressive words: 

" The judgment of that court will not stand the test of time. 
The future historian will do me justice. There is a higher 
court than Murphy's — the court of public opinion. I have 
appealed from Murphy's court of political passion to the calmer 
judgment of posterity, and the sober reflection of public 
opinion." 

A few days after this, Mr. Sulzer was elected a member 
of assembly, from the sixth assembly district of New York 
city, a district forming part of the tenth congressional district 
which he represented for many years at the national capital. 
He was elected by a majority of almost two to one over his 
nearest competitor, in a campaign unparalleled in the history 
of New York city. At every meeting at which he spoke he 
was given a great ovation. No halls in the district could hold 
one tenth of the people who turned out to do him honor. 
The streets were choked with people for blocks in the neigh- 
borhood of the meeting places. Before and after each meeting, 
Mr. Sulzer from his automobile addressed thousands of 
cheering men and women. 

The campaign was a striking demonstration of the fact 
that his old friends and supporters on the East side considered 
his impeachment a badge of honor. His election was a vindi- 
cation. The verdict of the people reversed the verdict of 
Murphy's court, and William Sulzer will take a place in 
history as one of the most faithful, fearless and courageous of 
America's public servants. 



THE CONSTITUTIONAL GOVERNOR 




From the Albany Knickerbocker Press. 



Impeachment of Governor Sulzer 19 

CHAPTER I 

William Sulzer's Entrance Into Public Life 

John Riley was the Democratic boss in the old Tenth Con- 
gressional District of New York State in the early nineties. 
He was a political lord of the manor, so to speak. The popu- 
lation which occupied the territory along a portion of the 
lower East Side of Manhattan Borough was almost entirely 
foreign and the people looked to Riley as their public protec- 
tor and guide. 

During the late summer of 1889 Riley was on the lookout 
for a candidate for the Assembly and sent for John Leary, 
who had just been admitted to the bar, and offered him the 
nomination. Mr, Leary declined the offer, saying that he 
had laid all his plans to devote ten years more to study and 
travel. 

" But," said he to Riley, " there is my young friend, Sulzer, 
who has just been admitted to the bar and has a taste for 
public life. He would be a good man for you to nominate for 
the Assembly," 

Riley sent for Sulzer and the result of the conference was 
that he was nominated and elected from what was known as 
the Fourteenth District. In 1893 the young assemblyman 
was elected speaker. 

There was always some friction between John Riley and 
Tammany although the local boss usually fell in line with the 
organization, but not until he had received the recognition to 
which he held he was entitled. Mr. Sulzer was afterwards 
nominated for congress by Riley. That was in the fall of 
1894. When Mr, Riley died the leadership of the district fell 
largely on the shoulders of Congressman Sulzer. It was one 
of those districts where personal attention on the part of the 
leader was needed a 1 the year round. Campa'gn contribu- 
tions were made and the money quickly disbursed to meet 
the needs of the local leaders. As was the custom in those 
days, no strict account was kept of these receipts and expen- 
ditures, the laxness being a part of a system, if it might be 
so styled, which had grown up for many years. 



20 Tammany's Treason 

William Sulzer, who in a few years had advanced from being 
a young and obscure lawyer to assemblyman, speaker of the 
assembly and then congressman, began to feel that he was 
called upon to be governor of the state. At the Democratic 
state convention in 1896, held in Buffalo, there was the first 
mention of his name for the office. 

In 1898, however, he announced himself as a candidate. 
Richard Croker, then the Tammany chief, and all the poli- 
ticians allied with him, openly referred to the Sulzer can- 
didacy as a joke. 

Augustus Van Wyck was nominated by Tammany and 
defeated by Theodore Roosevelt, who had just returned from 
the Spanish-American war as one of the heroes of the hour. 

Every two years thereafter William Sulzer's name was 
prominently before the voters of the state as a candidate for 
the Democratic nomination for governor. On every occasion,, 
in spite of the fact that he developed considerable upstate 
strength, he was rejected by Tammany. 

Meanwhile Congressman Sulzer was steadily adding to a 
legislative record at Washington calculated to attract the 
attention of radicals and advanced thinkers all over the state. 
He was the first congressman from this state to introduce a 
resolution in congress in favor of amending the United States 
constitution to permit the voters of each state to elect United 
States senators. He was diligent in his efforts to promote 
labor legislation; to protect immigrants in this country and 
never hesitated to take an advanced stand on economic ques- 
tions under public discussion. He announced himself for the 
referendum, for the short ballot and for kindred reforms cal- 
culated to give the voters more control over their public affairs. 

At a time when such measures were hardly ever mentioned 
by public men their advocacy by Congressman Sulzer set him 
down as a "crank" by the "politically wise" but steadily 
gained him friends among progressives of all parties. From 
the Tammany viewpoint any public man, especially one 
elected from Tammany territory, who held opinions of that 
sort was either a fool or insincere. 

Twice during his congressional career the Tammany organ- 
ization tried to shelve Sulzer by defeating him for renomina- 



Impeachment of Governor Sulzer 21 

tion, but he had so won the confidence of the voters of the 
district that he was elected in spite of the organization. 

Every two years, beginning in 1898, Mr. Sulzer was on 
hand at the Democratic state convention to promote his 
candidacy for governor. Tammany leaders on all these occa- 
sions never failed to ridicule his ambition, although they 
professed to be constantly on the lookout for a candidate 
popular with upstate voters. 

Mr. Sulzer and his friends suffered these repeated rebuffs 
from Tammany at state conventions with patience. They 
always predicted that his time would come; that public opinion 
would eventually force Tammany to nominate Sulzer because 
of his growing popularity among the voters who were not in 
the habit of taking an active part in organization affairs. 

Owing to the anti-Republican feeling which set in early in 
1909 and continuing in 1910, due largely to the clash between 
Governor Charles E. Hughes and the Old Guard members of 
the party over a direct primary law, it became apparent that 
the Democratic party could elect a governor and other state 
officers at the election of 1910, Not merely was there an open 
break between the conservative and progressive elements in 
the party but this feeling had been intensified by what was 
known as the Allds scandal. 

Senator Jotham P. Allds, representing the thirty-seventh 
district, made up of the counties of Chenango, Madison and 
Otsego, and one of the party leaders in the senate, was accused 
by Senator Conger, one of his Republican colleagues, of having 
accepted bribes while a member of the senate. As the result 
of a trial by the senate Senator Allds was expelled. 

The details developed at the trial contributed greatly to the 
unpopularity of the Republican state machine and increased 
the confidence of the Democratic leaders in their ability to 
win the state election. 

Congressman Sulzer was more active as a candidate during 
the pre-convention period than he had ever been before. 
Democratic victory seemed to be assured and the congress- 
man's supporters again pointed out that he was the one man 
to solidify upstate Democrats and attract independents while 
not driving away Tammany voters. 

The principal candidates considered by the leaders were the 



22 Tammany's Treason 

late Edward M. Shepard and John A. Dix, then chairman of 
the Democratic state committee. Charles F. Murphy, as 
Tammany boss, sat in his room daily at a Rochester hotel 
during the convention in September of that year, pretending 
to listen to suggestions from upstate Democrats. 

It is recalled that Martin H. Glynn of Albany, who had 
served two years as state comptroller during the first Hughes 
administration — 1907 and 1908 — appeared for the first time at 
this convention as a candidate for governor. He had head- 
quarters at one of the hotels, and his promoters touted him 
as the " independent, up-state candidate." 

Murphy finally selected John A. Dix and the convention 
went through the form of ratifying his choice. Sulzer's friends 
were greatly disappointed at the outcome, as they had been 
led to believe that their candidate would be nominated. Con- 
gressman Sulzer is said to have walked the streets of Rochester, 
after Murphy had issued the Dix edict, accompanied by one 
or two friends, contemplating whether he would continue to 
maintain even the appearance of friendly relafons with Tam- 
many which had so often deceived and repudiated him. 



Impeachment of Governor Sulzer 23 

CHAPTER II. 
Governor Dix's Tammany Administration 

The administration of John A. Dix, democratic governor of 
New York for the years 1911 and 1912, will be noteworthy in 
history chiefly because of the avenues to graft and public 
plunder which were opened to Tammany. In order to fully 
appreciate the difficulties which beset the path of Governor 
Sulzer it is necessary to know what was going on in the state 
government while Mr. Dix was the nominal governor. 

Personally an amiable and honest man, it seemed to be the 
crowning misfortune of John A. Dix, while governor, that he 
permitted his underlings to conduct the state's affairs upon 
orders from Charles F. Murphy and for the benefit of the 
Tammany organization. 

' When he was nominated at Rochester in 1910, Mr. Dix was 
chairman of the democratic state committee, having succeeded 
in that office William J. Conners, of Buffalo. At the time 
Mr. Conners was deposed by Murphy, for betraying signs of 
independence and a disposition to tell out of school Tammany 
secrets of how nominations were bought and sold, Dix was a 
member of the democratic state league, composed for the most 
part of up-state democrats of anti-machine tendencies. 

This membership in the league was presumed to insure Mr. 
Dix against Tammany taint and as the head of the state organ- 
ization was hailed by many simple-minded democrats, un- 
schooled in Tammany wiles, as a coming state leader to wrest 
the party organization from Tammany control — a dream 
often indulged in by sincere democrats since the days of 
Tilden, Cleveland and Hill. 

But all who are versed in the political game know that 
Murphy would never have selected Dix for state chairman 
had he not been certain of the subserviency or pliability of 
his man. That was why he was nominated at Rochester in 
preference to Edward M. Shepard, James S. Havens and 
other democrats of high character and intellectual independence. 

The first shock experienced by progressive democrats, who 
had hoped for the beginning of a new era for the party under 



24 Tammany's Treason 

Governor Dix, was when he cringed to Murphy, while the 
deadlock was on in the legislature over the candidacy of 
William F. Sheehan for United States senator. Edward M. 
Shepard was the candidate of the progressives in his party, 
and it had been assumed that Mr. Dix was friendly to him and 
opposed to Sheehan, but the governor chose to give aid and 
comfort to the Sheehan candidacy. For this unexpected 
attitude. Governor Dix was condemned by his former up- 
state political associates and especially those in the demo- 
cratic league. 

But his support of the Tammany candidate for the United 
States senate proved to be merely a prelude to a consistent 
and complete Tammany policy in the executive chamber. 
Under the Dix administration, Charles F. Murphy was allowed 
to pick all the important appointees who not merely filled the 
big departments with loyal Tammany henchmen but insti- 
tuted the system of graft discovered and exposed by Governor 
Sulzer's investigators. 

It was under the Dix regime that William H. Fitzpatrick 
was installed and entrenched as the Murphy boss in Erie 
county, having been made by the Tammany chief the sole dis- 
tributor in that county of state patronage. 

It was while Governor Dix was in office that William H. 
Kelley in Onondaga county, Patrick E. McCabe in Albany 
county, Michael J. Walsh in Westchester county, and a score 
of lesser Tammany satraps were strengthened and their power 
extended over the democratic organization. 

Never in the history of the state, not even in the heyday of 
William M. Tweed, did a corrupt Tammany system find it so 
easy to ramify all sections of New York state. At the con- 
clusion of Governor Dix's term of two years and the beginning 
of Governor Sulzer's term, Charles F. Murphy had more 
subject provinces in the empire state than any boss who pre- 
ceded him. More than that, he had more complete control of 
the state departments than any Tammany organization ever 
had. 

Applicants for the smallest jobs in the exempt class had to 
go to Murphy for his approval or to the men who directly 
represented him before the heads of department would dare 
make the appointment. These methods put in force during 



Impeachment of Governor Sulzer 25 

the Dix administration were sought to be justified by Tammany 
men as necessary to " build up an organization." 

Long before he began his active campaign for the nomination 
for governor in 1912, Congressman Sulzer was well aware of 
the democratic dissatisfaction with Governor Dix. He knew 
that the reason for the growing unpopularity had, in a word, 
been the truculence of Dix to Boss Murphy, demonstrated in 
a series of sins of omission and commission on the part of the 
executive. By an investigation in about forty counties of the 
state, by a staff correspondent of the Albany Knickerbocker 
Press during the summer of 1912, it was shown that Governor 
Dix was opposed for renomination by the great majority of 
the party. The demand was for a governor who was his own 
master and would not take orders from a boss. 

Governor Dix had been one of the ninety delegates to the 
democratic national convention at Baltimore in June and 
July to whom William J. Bryan had referred to in a speech at 
the convention as " Mr. Murphy's ninety wax figures." After 
the convention the governor, in an interview, condemned Mr. 
Bryan, saying that he should be put out of the democratic 
party. 

Perhaps no single utterance during his public career did so 
much to bring about the political undoing of Mr. Dix as this 
reference to Bryan. It was commented upon extensively 
throughout the country and the New York state newspapers, 
both democratic and republican, made the most of it. 

New York state had been humiliated at Baltimore by the 
antics of the ninety "wax figures" whom Mr. Murphy had 
used desperately to resist the nomination of Woodrow Wilson. 
Early in the convention and in the balloting it was made plain 
that Murphy, with his ninety delegates, bound and gagged by 
the unit rule, were operating with Roger Sullivan of Illinois, 
Thomas Taggart of Indiana, and similar state bosses to bring 
about the nomination of a presidential candidate satisfactory 
to the great financial interests. 

It is conceded that Mr. Bryan's opportune and vigorous 
denunciation of the plot in a series of speeches carried by 
storm the convention against these marplots and resulted in 
the nomination of Wilson. The dramatic scene when, from the 
platform, he pointed to Thomas F. Ryan and August Belmont 



26 Tammany's Treason 

among the delegates, as schemers to sell the party into bondage 
to the financial interests will never be forgotten by those who 
witnessed it. It was the turning point in proceedings which had 
evidently been " framed up," to speak in the political ver- 
nacular, for the nomination of Champ Clark, Oscar W. Under- 
wood or some other candidate preferred by the reactionary 
element in the convention. 

Woodrow Wilson received the necessary two-thirds vote of 
the delegates before New York state cast a single vote for him. 
Charles F. Murphy opposed him to the last and only con- 
sented to the casting of the ninety votes for the winner when 
the motion was made to make the nomination unanimous. 

Discredited in the eyes of the country and condemned by 
the democrats of the state, the **wax figures" returned to 
their homes. Then began the campaign for governor and the 
other state offices to be filled at the November election. 



Impeachment of Governor Sulzer 27 

CHAPTER III 
Martin H. Glynn's Ambition to be Governor 

Up until April, 1913, Martin H. Glynn of Albany had been 
regarded by up-state Democrats as a progressive in his polit- 
ical ideas and independent of Tammany. In his speeches and 
occasionally in his Albany newspaper he had given evidence 
of his sympathy with direct nominations and kindred reforms 
Mr. Glynn had served one term in congress without attracting 
pub'c attention, but during his te m as state comptroller, 
in 1907 and 1908, he manifested independence in some of the 
investigations he instituted into county affairs especially into 
the public records of Oneida county, which pleased the people 
generally. 

About August 20, 1912, Mr. Glynn sent word to Jay W. 
Forrest of Albany that he would like to see him at the news- 
paper office of the former. Mr. Forrest had been promised 
by Glynn and Patrick E. McCabe the year previous, 1911, 
that he would be made the Democratic candidate for con- 
gress in the Albany-Troy district, and the interview sought 
by Mr. G ynn was ostensibly on that subject. 

August 20 was within a few days of the date when designa- 
tions for congress were to be made by political committees. 
In the course of the conversation, Glynn confided to his friend, 
Forrest: 

" Jay, I think I will be nominated for governor this year. 
If I am not nominated for governor I can surely be nomi- 
nated for lieutenant-governor. Would you advise me to 
take it? " 

" Yes, I would advise you to accept the nomination for 
lieutenant-governor," Mr. Forrest replied. " There is always 
possibility of death and then you would be governor." 

" Yes, or removal," instantly added Glynn. 

That conversation took place between the two men when 
they were on very friendly terms and six weeks before the 
Democratic state convention was held at Syracuse. Mr. 
Forrest said that although he gave no thought to Mr. Glynn's 
prediction that he would be nominated for one office or the 



28 Tammany's Treason 

other at the time, his remark "or removal" took on a new 
and more serious significance when Charles F. Murphy's plot 
to impeach Governor Sulzer revealed itself. 

Was the plot to impeach and remove Governor Sulzer being 
considered by Tammany leaders even in the summer of 1912? 

Did they foresee two months before the convention that 
Sulzer, always active as a candidate, was the most available 
man in that year of independent upheaval in politics and 
that if Martin H, Glynn, their first choice, could not be nomi- 
nated it might be wise to take a chance on Sulzer? 

These and similar questions naturally force themselves on 
the mind in view of what has subsequently happened. 

Mr. Glynn's conversations with Mr. Forrest all during this 
period as well as with other close friends showed that the 
Albany editor was in the confidence of Charles F. Murphy, 
Tammany boss; with Justice Daniel F. Cohalon and other 
" king-makers " n Tammany. They showed also that plans 
for the Syracuse convention and for events after the conven- 
tion and even following the election of that year were all 
being laid out carefully by the Democratic bosses and that 
Mr. Glynn was being advised of all their political projects, 
if indeed he was not one of the chief planners. 

Six weeks ahead of the convention, Glynn was sure that if 
he could not be nominated for governor he certainly would be 
named for lieutenant governor, and even then was considering 
the possibility of removal of the governor. That thought 
would hardly come to his mind had it not been discussed 
between himself and those who were pushing him to the front 
as a candidate. Taken in connection with other significant 
facts to be recited further on in this book, Mr. Glynn's con- 
templation of what might happen to the elected governor 
sheds a flood of light on the situation. 

Jay W. Forrest, although promised the Democratic nomin- 
ation for congress by both Glynn and Patrick E. McCabe the 
year before, was not designated by the Democratic committee 
which met late in August, 1912. Thereupon, Mr. Forrest 
became an independent candidate by petition and opened 
headquarters in Albany for the promotion of his campaign. 

Immediately after the Democratic state convention in 
Syracuse, at which William Sulzer was nominated for governor 



Impeachment of Governor Sulzer 29 

and Martin H. Glynn for lieutenant-governor, Patrick E 
McCabe telephoned to Mr. Forrest that he would like to see 
him at his office (clerk of the senate) at the Capitol. When 
Mr. Forrest arrived at the office, Mr. McCabe asked him to 
go with him to the senate chamber where the following con- 
versation, substantially, ensued: 

" Now, Jay, you will have to stop being an independent 
candidate for congress and help us to win," began McCabe. 
" My advice to you is to go down to your headquarters on 
State street and take that sign off and shut the place up. 
You have no chance of being elected. I am going to be boss 
in this section. Do as I tell you and I will take care of you. 
We are going to carry this state. Murphy told me at Syracuse 
he would make me clerk of the senate again and that I would 
have absolute power to represent him at Albany. Come with 
me and I will take care of you. Pick out your job and I will 
see that you get it." 

" That is putting it pretty strong," replied Mr. Forrest. 
" I don't see how I can shut up my headquarters. You must 
remember that I have friends who have backed me in this 
fight and that I have been put to big expense." 

" That's nothing," interrupted McCabe. " Give me your 
bill and I will pay it if you shut up your headquarters and line 
up for the ticket." 

Forrest promised to take the matter under consideration 
for a few days, reminding McCabe that he would have to con- 
fer with his friends before he could do anything to change 
his plans. 

McCabe again urged him to withdraw, saying: " I will 
have Martin H. Glynn write you a letter asking you to retire 
and you can answer it announcing that you will withdraw 
for the good of the party. It ought to be done four or five 
days before the time has expired for the filing of petitions for 
independent nominations." 

: r^Mr. Forrest called a meeting of his political friends and in- 
formed them of the offer of McCabe. Not one of them advised 
him to accept the offer of the senate clerk. On the contrary, 
they were unanimous in the decision, that the McCabe pro- 
position should immediately be declined and the campaign 
for Forrest continued with vigor until election day. 



30 



Tammany's Treason 



To avoid attack from the McCabe organization on the 
Forrest petition it was resolved not to give Mr. McCabe a 
definite answer until the last day for filing objections to the 
petition. Meanwhile, Mr. Forrest received the following letter 
from Martin H. Glynn: 

"Albany, N. Y., October 12, 1912. 
" My dear Mr. Forrest: 

I wish you would consider the advisability of withdrawing 
your name as a candidate for representative in congress in 
this campaign. In the opinion of many of your friends and 
admirers, your withdrawal, though undoubtedly distasteful 
to yourself, would be productive of good results for the national, 
state and local democratic tickets. If you can see your way 
clear to withdraw you will make a handsome contribution 
toward democratic success. 

" Respectfully yours, 

" Martin H. Glynn. 
To Hon. J. W. Forrest, 

89 Manning Boulevard, Albany." 

When McCabe discovered that Forrest had not withdrawn 
as a candidate for congress he was furious. He demanded 
that Forrest write out his resignation as a member of the 
democratic county committee, which he refused to do. Sub- 
sequently, Forrest was expelled by the committee itself which 
was controlled by the Albany boss. 




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Impeachment of Governor Sulzer 31 



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32 Tammany's Treason 



CHAPTER IV. 

Democratic State Convention at Syracuse, October, 

1912 

Both republicans and progressives had held their state 
conventions and nominated candidates for state office prior 
to the assembling of the democratic state convention at 
Syracuse, October 1. Unexpectedly, and as a result of a stam- 
pede of the delegates, the progressives named for governor 
Oscar S. Straus, eminent as a philanthropist and independent 
in politics, and for lieutenant-governor. Professor Frederick 
M. Davenport, of Clinton, a former state senator and sup- 
porter of former governor Charles E. Hughes. 

The republicans named for governor, Job E. Hedges, and 
James W. Wadsworth, Jr., for lieutenant-governor. It was 
conceded on all hands that the republican party, on account 
of the unpopularity of the administration of President William 
H. Taft, due to its reactionary record, was hopelessly divided 
in state and nation. Political students at once perceived that 
the struggle for the governorship in New York state lay 
between Mr. Straus and whoever was to be the nominee of 
the democratic party. 

The selection of Straus, a man of high character and ability 
as a statesman, thoroughly frightened Tammany leaders. 
Charles F. Murphy had evidently concluded before the holding 
of the progressive convention to nominate Martin H. Glynn 
for governor. But the nomination of Straus caused the 
democratic boss to hesitate. He was reminded that selection 
of Mr. Glynn, a Roman Catholic, against Straus, a Jew, would 
project into the campaign a religious issue full of peril to the 
democratic candidates. 

The boss was also reminded that Straus would draw nearly 
all of the Jewish voters to his support unless a candidate were 
named by the democratic convention who could hold at least 
the party's usual share of that nationality on election day. It 
was pointed out to him that Sulzer was the candidate who could 
do this because of his championship of the Jewish cause while 



Impeachment of Governor Sulzer 33 

a member of congress and his familiarity with the needs of 
that race. 

"If you don't nominate Sulzer for governor this year when 
the democratic party is so much in need of the independent 
vote in the state, Sulzer is likely to come out for Straus," was 
one of the threats held over Murphy and his Tammany ad- 
visers at the beginning of the convention. 

"And you must remember," the boss is reported to have 
replied, " Sulzer must always come back to our organization 
for a renomination to congress." 

" But three-fourths of his constituents are Jews and they 
could send him to congress no matter what your organization 
could do to prevent it," was the rejoinder of the Sulzer men. 

John Leary — the same John Leary who had been instrumen- 
tal in starting Sulzer on his political career — was foremost 
among the Sulzer boosters at Syracuse. He went directly 
to the room of Charles F. Murphy at the Onondaga hotel and 
plainly told the boss why he thought Sulzer was the most 
available candidate and why he believed there was danger to 
the party's success with any other nominee for governor. 

That up to a few hours before the convention assembled 
Martin H. Glynn and his friends were confident he would be 
nominated for governor was shown by more than one incident 
happening within the inner circle of Tammany politicians, 
Glynn was posing as the up-state independent, although all 
the time in close and confidential communication with Charles 
F. Murphy and other Tammany leaders. Until the holding 
of the convention there had been nothing that Mr. Glynn had 
done or said which would have identified him with Tammany. 
Indeed, he had been set down by the great mass of up-state 
voters, who thought of him at all, as a reformer and pro- 
gressive democrat. 

But in a literal as well as in a metaphorical sense, the stage 
of the Syracuse convention had all been prepared by Tammany 
for the nommation of Martin H. Glynn for governor. Rolled 
up at the rear of the stage was a huge banner bearing the 
picture of Glynn and the words: "WE CAN WIN WITH 
MARTIN H. GLYNN." 

The banner was ready to be let down at the moment when 
the convention was supposed to be aflame with irresistible 



34 Tammany's Treason 

enthusiasm for the " up-state candidate and independent." 
But the string was never pulled. Murphy reluctantly reached 
the conclusion that Glynn could not be elected. 

The day before nominations were to be made, Murphy and 
Patrick E. McCabe, his Albany county representative and 
political mentor of Glynn, took a long automobile ride in 
Syracuse. When they returned to the hotel the talk for Sulzer 
grew stronger and from that time on the Tammany delegates 
felt free to express a preference either for Sulzer or for any 
other candidate not opposed by Tammany. The result was 
that Tammany delegates for a time expressed their individual 
preference for the nomination 

Meanwhile, however, the cause of Sulzer had made consider- 
able progress among the up-state delegates. This was due to 
the industry of Edward E. Perkins of Poughkeepsie, chairman 
of the Dutchess democratic county committee and state 
committeeman from that district. Mr. Perkins had also been 
elected chairman of the association of democratic county 
chairmen and he was in a position of advantage, as the dele- 
gates arrived, to reach them through these county chairmen 
and sound them on their attitude toward Sulzer. 

Gradually, after the boss graciously let it be known that his 
delegates might act for themselves, the tide set in for Sulzer. 
Sporadic attempts had been made to start a boom for Victor 
H. Dowling, one of the Tammany justices of the supreme 
court, for Herman A. Metz and for other out-and-out Tammany 
men, but these efforts were all repelled by the delegates not 
tied to Murphy. Nearly all of the up-state men wanted Sulzer 
because, while he came from a Tammany congressional dis- 
trict, his record at Washington had been such as to make it 
clear that he was independent and seldom paid heed to orders 
from the organization. 

Although Martin H. Glynn had been the first choice of Mur- 
phy, he pretended to many of the up-state delegates who 
called on him at his rooms that he still favored the renomina- 
tion of Governor John A. Dix. During the summer, however, 
the close lieutenants of the boss concluded that Dix could not 
be renominated and Murphy came to Syracuse with his mind 
fully made up on that question. To the democrats who called 
on him to protest against renomination of Dix, a favorite reply 



Impeachment of Governor Sulzer 35 

of the boss, when informed that Dix could not be re-elected 
because he had not been independent enough, was: "You've 
got to bring some other argument against Dix than the one 
that he has been a friend of the organization, I am not going 
to turn a man down because he has been my friend." 

The preliminary ballots at the convention gave Governor 
Dix a "consolation" vote, all of the Tammany men making 
it appear that they wanted to " let him down easy." There 
was little or no talk in behalf of Glynn's candidacy for governor. 
Apparently his friends wanted his nomination to come as a 
surprise if it came at all. 

Long before the convention met, Mr. Glynn had been 
selected for temporary chairman and Alton B. Parker, of coun- 
sel, a year later, in the impeachment proceedings against 
Sulzer, for permanent chairman. There had been a bitter 
fight over the election of Parker for temporary chairman of 
the national democratic convention at Baltimore three months 
previous, Parker being regarded by William J. Bryan and his 
progressive following as the representative of invisible govern- 
ment. 

Selection by the boss of Parker for permanent chairman at 
Syracuse revived the struggle between the Tammany men 
and progressives, but not more than thirty-five votes in a total 
of 450 could be mustered against Parker. Many of the anti- 
Tammany men explained this by saying that they did not care 
to make an issue of what they regarded as a non-essential. 

There was no opposition to the election of Martin H. Glynn 
as temporary chairman, so well had he and his friends been 
able to conceal his political views and his underground con- 
nection with Tammany. His speech was of the good-lord, 
good-devil type. John A. Dix and his administration were 
praised to the skies in spite of the fact that the temporary 
chairman had predicted and at that moment knew that the 
convention was to deny him renomination. 

There were several dramatic incidents during the preliminary 
sessions of the convention. One came in the election of Alton 
B. Parker as permanent chairman when John K. Sague, 
former mayor of Poughkeepsie, Frank H. Mott of Jamestown 
and other anti-Tammany delegates opposed Parker's election 
because they held it would mean notice to the state that 



36 Tammany's Treason 

Charles F. Murphy controlled the convention. Judge Parker 
was held up as a reactionary and the bitter fight waged against 
his election as temporary chairman of the democratic national 
convention at Baltimore, only three months before, by William 
J. Bryan and other progressive democrats, was recalled again 
and again by the anti-Tammany men at Syracuse. The per- 
sistent exaltation of Parker by Tammany, it was pointed out, 
was an affront to the progressive members of the party. 

Another sensational episode came while the convention had 
before it the majority and minority reports of the committee 
on resolutions. Thomas M. Osborne, spokesman for the 
minority, pleaded in vain for a more explicit declaration for 
direct primaries and for other reforms. At one point in his 
speech from the platform he pointed his finger at Charles F. 
Murphy, seated at the head of the Tammany delegation, and 
exclaimed: " There sits Charles F. Murphy, look at him well. 
It is the last time he will ever control a democratic state 
convention." 

Murphy sat motionless and apparently undisturbed through- 
out the excoriation of bosses and bossism by Osborne, who was 
interrupted by applause and hisses. Among the interruptors 
was Patrick E. McCabe of Albany, who taunted Osborne for 
having accepted an appointment on the public service com- 
mission during the administration of Governor Charles E. 
Hughes. 



Impeachment of Governor Sulzer 37 

CHAPTER V. 
Sulzer's Campaign for Governor and His Election 

Returning Tammany leaders and delegates from the Syra- 
cuse convention were heard to ridicule Sulzer and otherwise 
express contempt for the man they had just nominated for 
governor. They spoke of him as a " joke," and freely pre- 
dicted that he would never be able to get along with the 
organization. They made it plain that Sulzer had been forced 
on them by political events and that they thoroughly distrusted 
him. 

The campaign was without important incident. Sulzer and 
Glynn toured the state in a special car, accompanied by 
political friends and newspaper correspondents. Their speeches 
were of the usual pre-election character, platitudinous and 
non-specific. Confident of election, owing to the republican 
schism, the democratic candidates felt that they did not have 
to be either emphatic or definite in their pledges. They did 
refer occasionally to the need of carrying out the pledges of 
the party for direct primaries, but as to just what those pledges 
meant the candidates did not attempt to particularize. 

Even at that time the feeling between the Sulzer and the 
Glynn followers cropped out. Glynn's friends at various 
times during the state journeyings referred to Sulzer as a joke — 
a favorite word in their allusions to the candidate for governor 
— and frequently remarked that Glynn should have been at 
the head of the ticket. Mr. Sulzer afterwards discovered 
that some of the men in his confidence during that tour were 
Tammany spies. 

The vote for the candidates for governor at the election in 
November, 1912, was as follows: 

William Sulzer, democrat 649,559 

Job E. Hedges, republican 444,105 

Oscar S. Straus, progressive 393,183 

Charles E. Russell, socialist 56,917 

T. A. MacNicholl, prohibitionist 18,990 

John Hall, socialist labor 4,461 



38 Tammany's Treason 

No sooner had the result of the election been announced 
than the governor-elect began to hear from Charles F. Murphy 
and other Tammany men about appointments. They made 
it manifest that they intended to take charge of his adminis- 
tration; to lay down the law as to whom in the various coun- 
ties he was to recognize in the distribution of patronage and 
even went so far as to pick out beforehand the men who were 
to surround him in a confidential capacity in the executive 
chamber. 

Charles F. Murphy wanted John A. Mason, who had been 
secretary to Governor Dix, continued in the same position 
under the new governor. Mr. Mason, who had been secretary 
of the democratic state committee, was an intimate of the 
Tammany chief and had proved himself invaluable to Murphy 
during the Dix administration. 

Governor-elect Sulzer objected to this arrangement and 
asked Murphy whether George W. Blake, a political writer on 
one of the New York newspapers, would not do for the place. 
Murphy replied that almost anybody but Blake would be satis- 
factory to him. He explained Blake had always fought him 
and his appointment as private secretary to the governor 
would be considered an insult to the organization. 

The governor-elect also wanted E. Boardman Scovell, a 
Buffalo and Niagara county lawyer, as his legal adviser, but 
this likewise was vetoed by the boss. At this time Mr. Sulzer 
wanted to keep the peace between himself and the Tammany 
organization, and, in large measure, acquiesced in the demands 
of Murphy, hoping all the while that he would be able to obtain 
more from the Tammany legislature than if he antagonized 
it from the outset. 

The first appointments of the governor-elect were Chester 
C. Piatt, of the " Batavia Times," for secretary, and 
Valentine Taylor, of the attorney-general's ofhce, for legal 
adviser. Mr, Piatt was well known for many years as one of 
Mr. Sulzer's indefatigable supporters for the nomination for 
governor. He had also proved himself a sincere progressive 
in politics and economic beliefs. His selection was hailed 
throughout the state by the anti-Tammany democrats and 
political reformers of all schools as the first omen of a desire 
by the new governor to be truly independent of Tammany. 



Impeachment of Governor Sulzer 39 

Of Mr. Taylor less was known by the public. He was for- 
merly a New York city man, having received his first ap- 
pointment from Senator Robert F. Wagner, the Tammany 
leader in the senate, as a clerk of a committee. Subsequently 
he was appointed a deputy attorney-general, which position he 
held when selected by Mr. Sulzer as his legal adviser. Although 
Mr. Taylor was undoubtedly unobjectionable to the Tammany 
leaders there is no evidence that he was disloyal to Governor 
Sulzer. 

Governor-elect Sulzer spent considerable of his time after 
election at Washington winding up his affairs there. During 
that time he was besieged by office-seekers and politicians 
desiring appointments for their friends. Some democrats 
declared that he made promises of places which he afterwards 
was forced to rescind on account of a conference with Tam- 
many leaders in New York city two or three weeks before he 
went to Albany. 

At that conference, Charles F. Murphy, Senator Robert F. 
Wagner, Norman E. Mack, William H. Fitzpatrick and the 
governor-elect were among those present. Mr. Sulzer was 
not then in a fighting mood, fearing to have a break with the 
boss so early in his administration. 

He readily acquiesced in the wishes of those present. 

" Of course you understand, governor, that Mr. Fitzpatrick 
is to distribute all the patronage for Erie county," was the way 
one of the commands was conveyed to the new governor. 
Sulzer agreed to recognize Fitzpatrick. There was some fear 
then that he might permit William J. Conners, former state 
chairman, to have some of the patronage. Conners for several 
years had been bitterly opposing both Murphy and Fitzpatrick 
but had supported Sulzer during the campaign, hence the fear 
that he might get some of the places away from the Tammany 
lieutenant in Buffalo. 

Care was also taken to point out to the governor-elect who 
were the accredited Murphy agents in other counties. These 
included William H. Kelley in Onondaga; Patrick E. McCabe 
in Albany; and Michael J. Walsh in Westchester. 

At that conference, governor-elect Sulzer ventured to suggest 
that the up-state democrats of the independent kind, like 
Carlisle, Osborne and Sague, ought to be recognized, even if it 



40 Tammany's Treason 

were only in a small way for the sake of party harmony. But 
his suggestion was frowned upon and he did not press it. The 
policy of the Tammany men was to allow no quarter to the 
enemies of the organization and they impressed upon the mind 
of the governor-elect that he would have to unite with them 
in the war of extermination. 



Impeachment of Governor Sulzer 41 

CHAPTER VI. 
Murphy Offers to Pay Sulzer' s Debts 

After Sulzer had been elected governor and before he was 
inaugurated the governor-elect had a memorable conference 
with Charles F. Murphy in Delmonico's. He spent the 
afternoon with the boss in his private rooms and Mr. Murphy 
on that occasion grew very confidential. It was just prior 
to the time when Mr. Sulzer was to go to Albany to assume 
his duties as governor. 

There was a friendly talk concerning the result of the elec- 
tion and plans for the session of the legislature. vSuddenly 
Mr. Murphy referred to the financial difficulties of the governor- 
elect and in a friendly way expressed his desire to assist him. 
Mr. Sulzer afterwards admitted that he was amazed at the 
knowledge which Murphy ha*d gained of the details of his 
money troubles. 

" I am willing to put up $100,000 to pay off your debts and 
start you right as governor of the state," Murphy is declared 
to have said. When he saw that Sulzer was inclined to demur 
to acceptance of the offer, the boss instantly added: "You 
know this really is a party matter. The organization should 
(Jo that much to set you on your feet. You have been elected 
at less expense to the organization than any candidate for 
governor within my recollection." 

Sulzer continued to indicate his objection to the proposi- 
tion, knowing well what it meant; that if he in any degree 
accepted it that moment would he cease to be a free agent at 
Albany. 

Mr. Murphy continued to argue that there was nothing 
wrong in the governor receiving the benefit of the money 
contributed to the organization. " Nobody need know any- 
thing about it," Murphy pointed out to Sulzer. " The 
organization is glad to help its friends when they need it." 
The boss showed he was familiar with Sulzer' s financial 
troubles, a fact which all the more aroused the latter's sus- 
picion as to the motive for making the offer. The governor- 



42 Tammany's Treason 

elect remarked that while he was deeply in debt he was paying 
it off gradually. 

Murphy repeated the offer, asking Sulzer to remember it 
was for the good of the democratic party. 

" The organization," said Mr. Murphy, " doesn't want you 
to be hampered by these debts when you go to Albany. We 
would be willing to allow you $1,000 a month for living ex- 
penses at the executive mansion. The organization wants 
you to live as you ought to live while you are governor of the 
state. 

"We cleaned up a lot of money out of your campaign. I 
could afford to let you have what you want and never miss it." 

During a large part of the afternoon the boss urged upon 
the governor-elect the advisability of accepting money enough 
to pay his debts and to pay his living expenses at the mansion. 
Governor Sulzer made it plain that he did not want to accept 
the aid of Mr. Murphy or the organization to get him out of 
financial difficulties. 

This conference between the two men took place either 
just before Christmas of 1912 or between Christmas and 
New Year. 

Mr. Murphy's bold attempt to place the elected governor 
of the state under financial obligations to himself left a lasting 
impression on Mr. Sulzer's mind. Even then he foresaw 
trouble with the boss and wondered how he was going to 
maintain peace and be his own master. 

For his inauguration ceremonies. Governor Sulzer established 
several precedents. He dispensed with the military parade, 
which had been a spectacular event in the inauguration of 
governors from the beginning of the state government. Ac- 
companied merely by the immediate members of his military 
staff, he walked from the executive mansion to the Capitol, 
where he was inaugurated in the assembly chamber. Never 
before, within the memory of the oldest inhabitant of Albany, 
had a governor been so democratic as to walk to the Capitol 
for his inauguration. Charles F. Murphy did not attend the 
inauguration. 

After the ceremonies in the assembly chamber, the governor 
established another precedent by appearing at the top of the 
great staircase at the front of the Capitol, and delivering an 



Impeachment of Governor Sulzer 43 

address to the waiting multitude which extended far out into 
the park and beyond the range of his voice. 

The new governor's inauguration speech was brief, and is 
now interesting in the Hght of subsequent events. Between 
the lines one may read that the governor feared that his path 
was not to be a rosy one, and that he was on his guard for 
attacks from within as well as without his party. 

His inauguration address was as follows: 

Fellow Citizens:— I realize to the fullest extent the 
solemnity of the obligation I have just taken as the governor 
of New York. Conscious of my own limitations I keenly 
appreciate the responsibilities it entails. 

Grateful to the people who have honored me with their 
suffrages, I enter upon the performance of the duties of the 
office without a promise, except my pledge to all the people to 
serve them faithfully and honestly and to the best of my 
ability. I am free, without entanglements, and shall remain 
free. No influence controls me but the dictates of my con- 
science and my determination to do my duty, day in and day 
out, as I see the right, regardless of consequences. In the 
future, as in the past, I will walk the street called straight, 
and without fear and without favor I shall execute the laws 
justly and impartially — with malice toward none. 

Those who know me best know that I stand firmly for 
certain fundamental principles — for freedom of speech; for 
the right of lawful assembly; for the freedom of the press; for 
liberty under law; for civil and religious freedom; for con- 
stitutional government; for equality and justice to all; for 
home rule, and the reserved rights of the state; for equal 
rights to every one, and special privileges to no one; and for 
unshackled opportunity as the beacon light of individual hope 
and the best guarantee for the perpetuity of our free insti- 
tutions. 

New York is the greatest state in the Union. It should 
always stand as an exemplar of economical and efficient and 
progressive administration. As its governor I shall, in so far as 
I can, give the people of the state an honest, an efficient, an 
economical and a business-like administration of public 
affairs. I say business-like advisedly, because I assure the 



44 Tammany's Treason 

business men in every part of our state that they can rely on 
me at all times to do my utmost to promote the commercial 
interests of our commonwealth. I realize how important 
they are, and shall always be exceedingly careful to take no step 
that will jeopardize the financial and the commercial suprem- 
acy of the first state in the republic. 

Suffice it to say that I am a friend of every business, whether 
big or little, so long as it is legitimate, and will always have its 
welfare in view in the administration of state affairs. To this 
end I shall work unceasingly for quicker and better trans- 
portation agencies, and for improved and larger terminal 
facilities, in order that New York shall continue to receive 
her just share of the trade and the commerce of the country. 

It is my purpose to be the governor of all the people, and, in 
so far as possible, to follow in the footsteps of Silas Wright in 
the honesty and the simplicity of my administration; and to 
the best of my ability try to emulate the example of Samuel 
J. Tilden in my efforts for progressive reforms along construc- 
tive and constitutional lines. 

Let me ask all to be patient and charitable. To avoid 
mistakes I must go slow. It is better to be slow than to be 
sorry. 

I know that I am human, and that I shall make mistakes in 
human ways. Being human I believe in the welfare of my 
fellow man, and whatever concerns the good of humanity 
appeals to me, and will ever have my constant care and earnest 
consideration. 

Whatever I do as governor will always be open to all and 
above board. I shall confide in the people, and I indu'ge the 
hope that when my official term, this day begun, comes to an 
end, that I shall have accomplished something to merit their 
approval, and to justify the confidence they have reposed in 
my intentions. Hence I shall promise little, but work unceas- 
ingly to secure the things now demanded by the people. They 
know an ounce of performance is worth a ton of promise, and 
they will judge my administration not by what I say now but 
what I do hereafter. 

The hour has struck, and the task of administrative reform 
is mine. The cause is the cause of the state, and is worthy of 
the zealous efforts of any man. I grasp the opportunity the 



Impeachment of Governor Sulzer 45 

people now give me, and am resolved to shirk no responsibility; 
to work for the welfare of the people; to correct every existing 
abuse; to abolish useless offices, and wherever possible con- 
solidate bureaus and commissions to secure greater economy 
and more efficiency; to uproot official corruption and to raise' 
higher the standard of official integrity; to simplify the methods 
of orderly administration; to advance the prosperity of all 
the people; to be ever dissatisfied with conditions that can be 
improved; to promote the common weal; to guard the honor, 
and protect the r'ghts of the Empire state; and 'ast but not 
least to reduce governmental expenditures to the m nimum, 
and thus lessen as much as possible the heavy burdens of 
taxation. 



46 Tammany's Treason 

CHAPTER VII 
SuLZER Tried to be at Peace With Murphy 

From the beginning of the Sulzer administration the foes 
of Tammany confidently predicted that the governor would be 
a typical organization executive and that his policy would 
differ little from that of Governor Dix. Sulzer's appointments 
made during the first two months confirmed these predictions. 
All the principal appointees bore the Tammany tag, whether 
they were from New York city or upstate districts, and the 
organization leaders were delighted. 

Those intimate friends of the governor who claimed to know 
that he was not a Tammany man; that he would sooner or 
later assert his independence of Charles F. Murphy, and be the 
real governor of the state, admitted their disappointment at 
the manner in which Governor Sulzer had begun his term of 
office in Albany. Still, they counseled patience, pointing out 
that Dix had permitted Tammany to be so entrenched in the 
state government, that the new executive had to proceed 
cautiously to undo what his predecessor had done. 

Many of Mr. Sulzer's progressive friends, during this period 
complained to him of his apparent friendliness to Murphy 
and the under-bosses, and the governor's usual reply was he 
was trying to keep peace with the boss and at the same time 
carry through the legislature a program of reform. To one 
progressive democrat, long known throughout the state, as an 
unrelenting opponent of Tammany, Governor Sulzer said: 

" Charles F. Murphy will soon discover, if he doesn't know 
it now, that I intend to be the democratic leader and the real 
governor in this state." 

To another democratic chairman of a county committee, 
Governor Sulzer, early in the year, declared: 

" I agree with Thomas M. Osborne that Charles F. Murphy 
will never control another state convention. A real direct 
primary law will prevent that." 

These remarks, made occasionally to his visitors, were an 
index of Mr. Sulzer's real attitude toward the boss, even when 
he was trying to live in harmony with him. But he was careful 



Impeachment of Governor Sulzer 47 

not to indicate this feeling publicly, and to all direct questions 
put to him by newspaper men, calculated to test his relations 
with Murphy, his customary reply, in substance, was: " I am 
not seeking a quarrel with any representative of the organiza- 
tion, I am a man of peace." 

Meanwhile, Lieutenant Governor Martin H. Glynn was a 
frequent visitor to the executive mansion which Governor 
Sulzer had renamed the " People's House." At these con- 
ferences between the governor and the lieutenant governor 
various affairs of state were discussed. At nearly all of them 
Mr. Glynn urgently pressed upon the governor the importance 
of using his influence to obtain from the legislature a genuine 
primary law. He reminded Mr. Sulzer that the democratic 
platforms in 1910 and 1912 had promised the people of the 
state that such a law would be passed, and that the Dix ad- 
ministration had been greatly criticised because it failed to fulfill 
the promise. 

At these conferences the lieutenant governor professed to be 
zealously for such a law, and made it plain that his sympathies 
were with the upstate fight upon Tammany bossism. The 
governor was then busying himself in getting other legislation 
through which he deemed vital to the state, included among 
which were the stock exchange bills, measures to reorganize 
the labor and health departments, and providing for working- 
men's compensation. 

In his consultations with Tammany leaders in the legis- 
Hature about this time. Governor Sulzer advised a policy of 
narmony, saying that while he was willing to give Tammany 
the larger share of appointments, some should go to the leaders 
known to be opposed to Tammany dictation upstate. He 
contended that such men as John N. Carlisle, Thomas M. 
Osborne and John K. Sague should be made to feel that they 
were a part of the organization. 

From the average Tammany man the names of these men 
invariably brought angry comment. The governor was in- 
formed that any recognition of these enemies of the organiza- 
tion would be very objectionable to Mr. Murphy. Mr. 
Carlisle, however, was appointed by the governor chairman 
of a committee of inquiry to investigate state departments for 
the purpose of improving administrative methods. The 



48 Tammany's Treason 

other two members of the committee, John H. Delaney and 
H. Gordon Lynn, were Tammany men. 

February 2, after having been a month in office, Governor 
Sulzer in an interview with a reporter for " The Knickerbocker 
Press" expressed his confidence in being able to carry through, 
the nine big pledges made in the democratic platform and in 
his speeches before election. 

At that time he was in a dickering frame of mind in his 
attitude toward Tammany, for he said: 

" Some of the newspapers seem to be growing impatient 
over what they consider delay in my getting into a fight with 
somebody right away, but it isn't my place to seek a quarrel. 
I am endeavoring to co-operate with all who want to accom- 
plish what we promised to do. Depend upon it, I shall not 
back away from a position, once I make up my mind that I am 
right." 

Among the pledges which the governor then admitted he 
considered vital was the one on direct primaries, but he de- 
clined to discuss the details of the measure. He was more 
willing to talk of the work being done by his committee of 
inquiry appointed to examine the state departments for the 
purpose of bringing about efficiency and economy. 

It is conceded now that the first bitter hostility on the part 
of the Tammany leaders toward Governor Sulzer came when 
John A. Hennessy, appointed executive auditor, testified before 
the committee of inquiry concerning the graft he had discovered 
in contracts for restoration of burned portions of the state 
Capitol. The revelations resulted in the resignation of Herman 
W. Hoefer, the state architect, and a thorough reorganization 
of that department. 

*NoTE — For Hennessy 's report on Capitol grafi see index. 

First Proof of Courage 

Here was the first proof that Governor Sulzer dared to in- 
vestigate a department over which a Tammany man presided, 
and to direct his investigator to make the facts public. This, 
indeed, was political " treason," as incomprehensible as it was 
unpardonable to the normal Tammany mind. 

But the governor continued to show evidences of his desire 
to award Tammany a share of the offices, with the expectation 



Impeachment of Governor Sulzer 49 

that he would be able to get through the legislature his funda- 
mental reforms. 

" My administration," he said in February, "will not be 
remembered so much by the appointments I make to office as 
the fundamental laws I am able to get, of lasting benefit to 
the people. What I say for publication from day to day will 
not be considered of much consequence unless it is followed by 
the doing of the things desired done." 

Governor Sulzer, it will be observed, was willing to give 
Tammany offices if, in return, he could get the legislative 
reforms he had set his heart on. 

In the meantime he was being condemned by his reform and 
progressive friends for handing over the spoils of office to his 
enemies. They predicted that he would soon find himself in 
the same predicament into which Governor Dix had been 
forced — entrenchment of Tammany behind powerful offices, 
with no substantial legislation to benefit the people in return. 

When he named Edward E. McCall, a Tammany justice of 
the supreme court, to succeed William R. Willcox as chairman 
of the public service commission of the first district, there was 
a howl of dissent from the anti-Tammany democrats and 
especially from New Yorkers, who were fighting against the 
pending contract between the city and the Interborough 
company. Appointment of McCall is said to have severed a 
long political and personal friendship between the governor 
and William R. Hearst. 

At this time it was assumed that John N. Carlisle, of Water- 
town, whom the governor had made chairman of his com- 
mittee of inquiry, was to be appointed chairman of the upstate 
public service commission to succeed Frank W. Stevens. 
Carlisle was offensive to Charles F. Murphy because of his 
independence. Governor Sulzer was informed by Murphy 
that Tammany's choice for the chairmanship was George M. 
Palmer, chairman of the democratic state committee. The 
governor, still in a mood to compromise, is said to have offered 
Palmer a place on the commission to succeed Curtis N. Douglas, 
brother-in-law of Governor Dix, who had been appointed by 
Mr. Dix during the closing days of his administration. Palmer 
refused the appointment, still confident that he could get the 
chairmanship. 



50 Tammany's Treason 

Lieutenant Governor Martin H. Glynn, according to the 
governor, appealed to him to appoint Patrick E. McCabe to 
succeed Mr. Douglas as public service commissioner. McCabe, 
as was well known, was the factotum of Charles F. Murphy 
in Albany county, and the one man, more than any other, 
responsible for the political advancement of Mr. Glynn. 

Governor Sulzer declared afterwards that he was astounded 
at the proposition of the lieutenant governor that Mr. McCabe 
should be appointed to a position so important, for, outside 
of his utter lack of experience and training for the place, it 
was pointed out that the people would never tolerate the ap- 
pointment of political bosses on a commission dealing directly 
with public service corporations. 



Impeachment of Governor Sulzer 51 

CHAPTER VIII 

Glynn Predicts in February He Will Be Governor 

Although there was already evidence of friction between the 
governor and Charles F. Murphy early in February, Mr. Sulzer 
and Mr. Glynn, so far as outward appearances could be judged, 
were still on friendly terms. Governor Sulzer trusted his 
associate implicitly, and, during their conferences from day to 
day, confided to the lieutenant governor all his legislative plans, 
the latter continuing to urge on the governor the question of 
direct primaries as the pressing and popular pledge of the 
democratic platform to carry out. 

But while Mr. Glynn appeared to Governor Sulzer as being 
in sympathy with his program, and indicated a desire to assist 
him in giving it effect, the lieutenant governor, according to 
other witnesses, was all the while on the most confidential 
relations with the governor's political enemies. Toward the 
latter part of February, Mr. Glynn sent for Jay W. Forrest, 
of Albany, to come and see him in his office at the Capitol. 
Mr. Forrest had been applying to the courts for a writ of 
mandamus to reinstate him as a member of the Albany county 
democratic general committee from which he had been removed 
by Patrick E. McCabe. The proceedings evidently were 
annoying to the McCabe organization, as the leaders were 
anxious to stop them. 

The lieutenant governor gave Forrest the usual lecture 
about the futihty of being an independent in politics, advised 
him to stop his court proceedings and come into the organiza- 
tion. 

" I have talked this thing over with Sulzer," he said to Mr. 
Forrest, " and he says he is going to take care of you. There 
will be a good appointment for you." 

Mr. Forrest says that the place referred to was that of 
state sealer of weights and measures, but that Governor 
Sulzer afterwards told him he wanted to give him something 
better. The lieutenant governor was very anxious on this 
occasion to persuade Mr. Forrest to come into the McCabe 



52 Tammany's Treason 

organization and "be good." Mr. Forrest quotes Mr. Glynn 
as follows: 

" Jay, you are making a great mistake in fighting the organ- 
ization. Those fellows in New York city are the ones you have 
got to be with, if you ever expect to amount to anything in 
politics. McCabe is their representative and you have to be 
with him if you expect to get any office or favor of any kind. 
What is the use. Jay, of running your head up against a stone 
wall. 

" You know I once had an idea that I could get somewhere by 
being independent, but I gave that up long ago. Why don't you 
come in and be with the organization! If you do, even now, you 
will be well taken care of." 

Forrest, it will be remembered, after having been promised 
the democratic nomination for congress by the McCabe 
organization, was refused it at the last minute, and had become 
an independent candidate. In February he was preparing to 
make further trouble for the McCabe organization in the 
courts which led to the fervent plea of the lieutenant governor. 

"We got talking about Governor Sulzer," said Mr. Forrest, 
" after Mr. Glynn delivered that lecture to me about the 
foolishness of being independent in politics. At the beginning 
of the governor's term, I, with many other democrats, was 
disappointed at the way he was giving pretty nearly everything 
to Murphy. The lieutenant governor, I recall very distinctly, 
said: 

" 'I have tried to get that fellow downstairs (the governor) 
to do certain things and if he does not do these things I will be 
governor of the state.' " 

" That happened toward the last of February and it was not 
known just how Governor Sulzer was going to act. As I say, 
I was against him then. He hadn't been living up to what I 
considered the promises of the platform, and it looked as if 
Sulzer was going to be another Dix. For that reason I attached 
no particular significance to the words of Mr. Glynn. But 
what he said before election about the possibility of the gover- 
nor's removal and what he said at that meeting in his office in 
the Capitol in February, come home to me with re-inforced 
meaning, in the light of the events of the last few months. 

" I am stating the facts in as nearly the language as I can 




If he does not do these things I will be governor of the state." 



Impeachment of Governor Sulzer 55 

now put them and I leave the people to draw their own in- 
ference. For some years past, Mr. Glynn often undertook to 
tell me what a fool I was not to get inside the organization, 
and I could have pretty near anything I wanted. At all of 
these conversations he set himself down as being in harmony 
with Tammany, with Murphy and McCabe, and told me 
again and again that my only salvation was to get into the 
Tammany band wagon. He particularly wanted to impress on 
me that McCabe was the whole thing in Albany county, and 
that McCabe was the authorized agent of Charles F. Murphy. 

" In the summer of 1912, weeks before the democratic state 
convention at Syracuse, I met Mr. Glynn and he said to me: 

" ' / have a good chance to be nominated for governor. Murphy 
is the whole thing in this state, and if you want anything you 
have got to be with him. Dix can't be renominated because he 
can't be re-elected. If you want anything you have to be with 
McCabe in Albany county.' " 

Dinged in Ears All Summer 

" That kind of talk was dinged into my ears all that summer. 
Mr. Glynn seemed to know the inside of the Murphy game, 
and he was giving it to me to persuade me to come out in the 
open for the organization. 

On the 31st of October, 1910, Martin H. Glynn wrote the 
following and printed it in his paper, the "Albany Times- 
Union." 

" Mr. Forrest is a powerful speaker and has a blistering way 
of saying things. When so minded he makes language sizzle 
and facts cut like a rapier." 

In August, 1911, Martin H. Glynn requested Mr. Forrest, 
as a personal favor, to become a member of the democratic 
general committee of Albany county. And on August 26th, 
1911, Mr. Glynn printed Mr. Forrest's picture in his paper, 
with the following underneath : 

" With Jay W. Forrest as a member of the democratic 
general committee, the democrats will have the distinction of 
being represented by one of the foremost thinkers of the day 
along the line of economic thought. As an orator he is the 
equal of any man on the public platform. He has a repu- 



56 Tammany's Treason 

tation that extends from coast to coast. The democracy needs 
men of his type to represent it in its councils." 

Then in November, 1910, on the editorial page of the " Times- 
Union," Martin H. Glynn printed the following: 

" Judging by the comments in the Troy newspapers. Jay 
W. Forrest of this city tickled the people of the city of collars 
and cuffs by his recent address before the People's Forum of 
that city. Jay can do the trick. He has the oratorical 
infiatus to a large degree and can stir things up. He possesses 
the courage of his convictions, a knack of terse and forceful 
expression, and a voice that simply compels attention. Good 
boy. Jay, keep it up." 

Mr. Glynn cut out the foregoing notice, pasted it on a letter 
sheet of the " Times-Union," inscribed " compliments of 
Martin H. Glynn," and mailed to Mr. Forrest. 

The above are printed to show that Mr. Glynn considered 
Mr. Forrest a man worth cultivating as a friend. 



Impeachment of Governor Sulzer 57 

CHAPTER IX 
Sulzer's Secret Meetings With Murphy 

Governor Sulzer afterwards outlined more in detail his 
secret meetings with Charles F. Murphy and their conversation 
on those occasions. He was being condemned by both Tam- 
many and anti-Tammany men for his policy at the outset and 
it was evident that he would soon have to announce himself 
on one side or the other. The public would demand to know 
whether he was with the democratic state organization or 
whether he was to make an effort to emulate the example set 
by President Woodrow Wilson in his war upon bossism in 
politics. 

As he tells the story himself, Governor Sulzer's conversa- 
tions with Mr. Murphy during the early months of his adminis- 
tration were stormy and prolonged. 

" Mr. Murphy did not attend my inauguration," declared 
Mr. Sulzer, " I first saw him after I was governor when he 
came to Albany to attend the presidential electors' meeting 
January 13. We had a brief conversation at the executive 
chamber and at the executive mansion. He telephoned from 
the Ten Eyck hotel that he did not think it advisable to meet 
me at the mansion and asked me to come to the hotel that 
night. I told him it would be impossible for me to do that. 

" The next time I met him was at Judge McCall's house in 
New York City about the beginning of February. Judge 
McCall met me at the 125th street station with an automobile 
to take me to his house. On the way over I remember that 
the judge advised me to be firm with Murphy. I had come to 
see Judge McCall about appointing him public service com- 
missioner and the judge confided to me that he would accept 
if I insisted upon it, but he wanted Murphy's consent so that 
there would be no trouble about confirmation by the senate. 

"When we reached Judge McCall's house we went upstairs 
and I met Mr. Murphy in the front room. We talked over 
several matters. Judge McCall was present part of the time. 
Then we had dinner. 

"After dinner Mr. Murphy and I discussed matters at con- 



58 Tammany's Treason 

siderable length regarding appointments. Mr. Murphy urged 
me to appoint his friend, John Galvin, public service com- 
missioner, in place of Mr. Willcox, whose term had expired. 

" The subway question was very acute in New York and 
great pressure had been brought to bear on me by prominent 
citizens to reappoint Mr. Willcox, or to let him remain in office 
until the subway contracts were disposed of. 

" I urged the appointment of Henry MorgenthaU or George 
Foster Peabody or Colonel John Temple Graves. Mr. Murphy 
would not hear of these men. He talked long and earnestly 
in behalf of Mr. Galvin. 

" Finally I suggested as a compromise Judge McCall. 
McCall himself said that he would accept, provided it was 
agreeable to Mr. Murphy. 

"We discussed the subway question, the proposed contracts 
and various other matters. The hour was getting late and I 
finally said that unless Judge McCall was agreeable to Mr. 
Murphy I would send in the name of Henry Morgenthau to 
the senate the following Monday night, and if he was not 
confirmed, of course Mr. Willcox would not hold over, and that 
that would be agreeable to a great many prominent citizens 
in the city. 

"Mr. Murphy was agreeable to the appointment of Judge 
McCall, and it was understood that the judge should send me 
his resignation by messenger Monday afternoon. 

" It was near midnight when I left the McCall house in an 
automobile, both Murphy and McCall accompanying me to 
the grand central depot, where I took the midnight train for 
Albany. 

"At this meeting and subsequently, Mr. Murphy demanded 
from me pledges regarding legislation , and especially concerning 
appointments to the public service commissions, the health 
department, the labor department, the state hospital com- 
mission, the department of state prisons, and the department 
of highways. He insisted that George M. Palmer should be 
appointed chairman and Patrick E. McCabe a member of 
the public service commission of the second district. This is 
the * Packy' McCabe who is Murphy's political lieutenant in 
Albany. 

" Mr. Murphy further insisted upon having ' The ' McManus 



Impeachment of Governor Sulzer 59 

for labor commissioner, a man named Meyers for state archi- 
tect, a man from Brooklyn whose name I forget for state 
hospital commissioner, and James E. Gaffney for highway 
commissioner, in case I wished to supplant Mr. Reel. Mr. 
Murphy said that Reel ought to be kept, as he was a good man. 
This is the same Reel whom I subsequently removed. 

" Mr. Murphy added that if I wished a new commissioner 
of highways ' Jim ' Gaffney was the best all-around man for 
the job. Subsequently he demanded the appointment of 
Gaffney, and still later a prominent New Yorker came to me 
in the executive mansion bringing the message from Mr. Mur- 
phy that it was ' Gaffney or war.' I declined to appoint 
Gaffney. 

" This is the Gaffney who, only a few months afterwards, on 
September 4, 1913, in undisputed testimony before the Supreme 
Court at Nyack, was shown to have demanded and received 
$30,000 in money (refusing to take a check), from one of the 
aqueduct contractors, nominally for " advice." This is the 
man who Mr. Murphy demanded should be put in a position 
where he would superintend and control the spending of 
sixty-six millions of the money of the state in road contracts." 

"When I removed Reel from the ofhce of commissioner of 
highways I began to hear pretty vigorously from Mr. Murphy, 
who was more determined than ever to secure the place for 
* Jim ' Gaffney. 

"About the fifth of March, just after President Wilson's 
inauguration, I visited the President in the White House. 
When I came out I met Thomas F. Smith, secretary of Tam- 
many Hall, in front of the White House. He wanted to know 
what I had said to the President and what the President had 
said to me. I told him I made it a rule never to discuss con- 
versations that I had with the President. 

" Mr. Smith said Mr. Murphy wanted me to meet him and 
some of the democratic state leaders at Senator O' Gorman's 
rooms in the Shoreham hotel at 8 o'clock that night. He 
asked me if I would be there and I said ' Yes.' 

" I went to the Shoreham that night. There were present 
Senator O'Gorman, Mr. Murphy, Norman E. Mack, the Mur- 
phy leader in Buffalo; Mr. McCoohey, the Murphy leader of 



60 Tammany's Treason 

Brooklyn; Thomas F. Smith and myself. State affairs were 
discussed in a general way. I took very little part in the talk. 

" I had made arrangements to leave for New York with my 
staff and Mrs. Sulzer and about 11 o'clock I shook hands with 
all and bade them good night. 

"As I went out Mr. Murphy followed me into the hall. He 
told me he was very anxious to get away to Hot Springs but 
didn't want to go until Albany matters were straightened out. 

" He asked me if I would give him assurance that I would 
appoint his friend ' Jim ' Gaffney, commissioner of highways. 
That place, you will remember, controlled the immediate 
spending of $66,000,000 for good roads, the very same work 
in which Mr. Hennessy's investigations have recently uncovered 
frauds amounting to millions of dollars in twenty-two counties 
under the Reel administration. 

'' Mr. Murphy seemed very much aroused. He said he 
would like to have the matter settled before he went away; 
that if I would appoint Mr. Gaffney I could have my own way 
regarding other matters. 

" Mr. Murphy assured me that he was more interested in 
Gaffney 's appointment than in anything else in the state; that 
Gaffney was a good all 'round man for the job, knew what to 
do and could get results! 

" I told him that in my opinion it would be a mistake to 
appoint Mr. Gaffney. I repeated to him practically what I 
had said at Judge McCall's house and also at his own house a 
few days before. 

" Mr. Murphy said to me, ' I want you to appoint Gaffney. 
It is an organization matter. I will appreciate it.' 

" I said, ' I will consider all you say about the matter. I 
want to go slow and get the very best man I can find for that 
position. I would rather be slow about the appointment than 
be sorry.' 

And he answered: ' If you don't appoint Gaffney you will 
be sorry.' 

" I told him that I thought the appointment for highway 
commissioner should be to an upstate man, that the people up 
the state expected the governor to appoint an upstate man; 
that there was a prevailing sentiment to that effect. 

"He replied that there was nothing in that; that New 



Impeachment of Governor Sulzer 61 

York city paid most of the money and was just as much entitled 
to the place as the upstate people. 

"Again, Mr. Murphy said that Gaffney, in his opinion, was 
the best man for the place ; that he would see to it that Gaffney 
was promptly confirmed; that Gaffney would make good, and 
that I would never have cause to regret it. He asked me again 
to give him a promise to appoint Gaffney. I told him I would 
not make a promise about it; that I would consider all he said, 
but that in my opinion Mr. Gaffney would not do; that it 
would be a mistake to appoint him ; that the people would not 
stand for it; that Mr. Gaffney was too close to him. 

" Mr. Murphy finally said, ' I am for Gaffney. The organi- 
zation demands his appointment and I want you to do it.' 

" I replied: ' I will make no promise about it.' 

He said: ' It will be Gaffney or war.' 

" He laughed at me and rebuked me for asserting my inde- 
pendence and said that I might be the governor but that he 
controlled the legislature; that unless I did what he wanted 
me to do regarding legislation and appointments I could not 
get my nominations confirmed and that he would block every- 
thing. 

" I listened to those boasts and threats from Mr. Murphy, 
not once but frequently. It was all disheartening and dis- 
couraging, but I tried to be patient, to get along with him, and 
do my best. 

"While I was governor, Mr. Murphy communicated with me 
frequently, and always along these lines. From the beginning 
of January to April 13, there was hardly a day that he did not 
send some one to see me with peremptory demands to do this 
or that. Some requests^ were reasonable and I granted them; 
some were so unreasonable and so much against the people's 
interest that I refused to consent. 

" Prior to April 13 our relations politically were badly 
strained. I could not comply with his demands. I realized 
that we had come to a parting of the ways. I was determined 
to be governor, to make a good record, to do my duty according 
to what I believed to be right and to carry out, as far as possible, 
the platform upon which I was elected. I also wanted to 
treat all the upstate democratic county organizations squarely, 



62 Tammany's Treason 

whether these county organizations were friendly to Mr. 
Murphy or otherwise. That was not his plan. 

" One talk with Mr. Murphy, which I remember very dis- 
tinctly, was at his house in New York on March 18. 

" He expressed great indignation because I had removed 
Colonel Scott, the superintendent of prisons, I told him the 
reasons. He pooh-poohed them, and said Scott was a friend 
of his. 

" That was the occasion when Mr. Murphy objected to John 
Mitchell for commissioner of labor. 

" I talked to Mr. Murphy about a new commissioner of 
labor and said we ought to appoint the very best man in the 
state. I spoke to him about John Mitchell. He wanted to 
know what was the matter with ' The ' McManus for labor 
commissioner. 

" I replied that, in my judgment, that it would never do to 
appoint McManus. He told me that he thought McManus 
was the best man for the place, and his appointment would be 
satisfactory to the labor organizations as well as to the 'organ- 
ization,' meaning, of course, himself. 

" I told him under no circumstances would I agree to ap- 
point McManus, that McManus had been to see me several 
times about it and had told me that he had come direct from 
Mr. Murphy and that Mr. Murphy wanted me to appoint him. 

" I urged the peculiar qualifications of Mitchell, and he said 
Mitchell was not a democrat, and that he was a Roosevelt man, 
adding: ' He is a progressive and you are heading the same 
way.' 

" I replied that Mitchell was a good enough democrat to 
get every democratic vote in the legislature of Illinois for United 
States senator, and to be offered the democratic nomination 
for vice president at the Denver convention. ' However,' I 
said, * it is immaterial to me whether he is a democrat or not. 
He is the most experienced and competent man in the state in 
my opinion for the place.' 

"We talked over the appointments to vacancies on the 
supreme court bench for the first department. Mr. Murphy 
was very anxious that I should appoint Michael J. Mulqueen 
and Mr. Gillespie to two of these vacancies, and urged the 
matter on me very strongly. In talking about these appoint- 



Impeachment of Governor Sulzer 63 

ments to the supreme court bench I told him under no circum- 
stances would I appoint any lawyer to the supreme court unless 
it met with the approval of the bar association. 

"As a matter of fact I refused to name Mr. Murphy's candi- 
dates for the supreme court vacancies, but appointed Bartow 
S. Weeks and Eugene S. Philbin. 

" It was in this very conversation that Mr. Murphy said to me: 
' Unless you do what I want you to do I will wreck your admin- 
istration as governor, block all your legislation, and defeat all of 
your appointments.' 

" He said, ' Remember, I control the legislature, and the 
legislature can control the governor.' 

" He also threatened me with public disgrace unless I agreed 
to his program on legislative matters and appointments. 

" It was at this conference, too, that he talked about the 
things he ' had on me,' and said that I had better listen to him 
and not to enemies up the state; that if I did what he told me 
to I would have things easy, and no trouble, and that if I didn't 
do what he wanted me to I would have all the trouble I wanted. 

I told him that I was the governor and that if he would 
let me alone I could succeed, but that. I could not succeed if 
I was to be a catspaw for him. I told him that I wanted to 
give the state an honest and efficient administration; that in 
my opinion that would do more to help the party than any- 
thing else. 

" He was very insulting. Then I asked him what he could 
do to destroy me. And he said: ' Never mind, you will find 
out in good time. Stand by the organization and you will be 
all right. If you go against the organization I will make your 
administration the laughing stock of the state.' 

" I told him that all I wanted was to do right, be honest, and 
carry out my oath of office. He laughed at this, and said that 
some of the men I had around me would run away from me 
just as soon as trouble began. 

" It was at this time that he asked me to call off George W. 
Blake, the commissioner who was investigating the prisons. 
He said that Blake must be called off and that he didn't want 
the prisons investigated unless we could agree upon some man 
to do it. I told him that Blake was an efficient man and that 
I was going to let him go on with his work, and he said: ' If 



64 Tammany's Treason 

you do you will be sorry for it. Mark what I am telling you 
now!'* 

" I told him what I had heard about the vileness of things 
in the Sing Sing and Auburn prisons. I said: 'We certainly 
ought not to stand for them. I want to get at the facts and if 
there is anything wrong, stop it; if there is any graft, eliminate 
it.' 

" Mr. Murphy told me that he didn't want anything done 
in connection with Sing Sing prison by Blake or any other man ; 
that the warden there, Mr. Kennedy, was a friend of his and a 
good man and he wanted him left alone. This, remember, was 
the warden whom I afterward removed from his place on 
charges and who was since indicted by the Westchester grand 
jury. 

"When Mr. Murphy found that he could not use me and 
control me he sent emissaries to see me frequently to demand 
that I do certain things, and to threaten me if I refused. 
These threats began in a small way in February and continued 
with greater vehemence up to the very night the assembly 
passed the resolution of impeachment in obedience to Mr. 
Murphy's orders. 

" One of the agents through whom Mr. Murphy most fre- 
quently communicated with me was Judge McCall. Judge 
McCall usually spoke of Mr. Murphy as ' the chief,' and would 
say to me that ' the chief ' wished such and such a thing done 
or demanded that I follow such and such a course of action. 

" Every Tammany member of the legislature of either 
house who approached me from day to day used the same 
language, saying that * the chief ' demanded this or demanded 
that, or that ' the chief ' had telephoned to put through such 
a piece of legislation, or kill some other piece of legislation. 

Governor Sulzer said he knew what Mr. Murphy and his 
agents in the legislature were trying to do long before open 
hostilities began, and that he was in for a long, hard fight. 
He declared, however, he had resolved to go through with it 
and rely on public opinion to back him up in his battle for such 
reforms as a real primary law and especially his work in un- 
covering graft in the state departments. 

It was recalled that Patrick E. McCabe was the first of the 

*NoTE — For Blake's report on prison see index.J 



Impeachment of Governor Sulzer 



65 



THE NEW ARSON TRUST 




66 Tammany's Treason 

Tammany men to accuse the governor of the Vermont perjury 
affair. Later developments indicated that he had been selected 
at the Delmonico conference held a short time prior to that 
accusation, to take the first opportunity to embarrass Sulzer. 

That was followed quickly by the Philadelphia breach of 
promise suit, the inspiration for which was later traced to a 
political agent of Charles F. Murphy. These two accusa- 
tions served, as was intended, to distract public attention in a 
measure from the campaign then going on throughout the 
state for the governor's primary bill. Notwithstanding the 
prompt replies of Mr. Sulzer to both charges, public discussion 
of the details did not cases. 

Referring to these two attacks afterwards, the governor said 
he had reason to believe that Mr. Murphy hoped they would 
be sufficient to compel his surrender to the boss; that he would 
be willing to tell Judge McCall — still on friendly terms with the 
governor — that he would stop the investigators and agree to 
some compromise on a direct primary law if no more charges 
were made against him. 

When he declined to heed these threats, the Frawley com- 
mittee was directed by Murphy to go deeper into the Sulzer 
record. Matthew T. Horgan, deputy efficiency and economy 
commissioner, who had been intimate with Sulzer during his 
campaign for governor, was appointed secretary to the Frawley 
committee and the work of uncovering the campaign receipts 
and expenditures of Mr. Sulzer was begun. 



Impeachment of Governor Sulzer 67 

CHAPTER X 

Sulzer's Last Meeting With The Boss 

Even after he had been insulted and threatened with destruc- 
tion by Murphy during his interviews with the boss in January, 
February and March, Governor Sulzer and the mutual friends 
of the two men still indulged the hope that harmony might be 
restored. It was known among the democratic leaders at 
Albany that there was serious friction between the governor 
and Murphy. C. Gordon Reel, superintendent of highways, 
had been removed by the governor March 7th. Col. Joseph 
F. Scott, superintendent of prisons, had also been forced out 
and the air was full of rumors that wholesale removals of 
Tammany men at the head of other departments were to be 
made. These disquieting reports disturbed the democratic 
leaders all over the state, especially those responsible for 
office-holders as well as those through whom important con- 
tracts were awarded to friends. 

Governor Sulzer attended the Jefferson banquet at the Hotel 
Waldorf, New York city, April 13th, given by the National 
Democratic Club. Charles F. Murphy was present and Gover- 
nor Sulzer was one of the speakers. It was observed that the 
two men did not recognize each other. 

After the governor had spoken, Norman E. Mack, of Buffalo, 
came to the governor's table to greet him and said he was very 
sorry to know that there was a difference between him and 
Mr. Murphy. 

" I should think," suggested Mr. Mack, " that this trouble 
could be fixed up before it became public and a working agree- 
ment made between you for the good of the party. Will you 
meet Mr. Murphy after the dinner? " the Buffalo man inquired 
of the governor. 

Governor Sulzer replied he was willing and suggested that 
they meet in the cafe downstairs. Mr. Mack carried the 
message to Murphy, who sent back word that it was too 
public a place and wanted to meet the governor at his own 
rooms at Delmonico's, Governor Sulzer refused to do this 



68 Tammany's Treason 

and proposed to Mr. Mack that Mr. Murphy come to his room 
at the Waldorf after the banquet was over. 

When the governor left the dining room and was on his way 
upstairs he met Judge Edward E. McCall and former Governor 
Spriggs, and invited them to his room. While the three men 
were talking, Mr. Mack arrived and announced that Mr, 
Murphy was in the cafe but did not want to come to the gov- 
ernor's room as newspaper men were there and they would be 
likely to find out where he went if he went upstairs. Mr, 
Murphy again asked through Mack why the governor could 
not meet him at Delmonico's, 

Governor Sulzer once more declined to go there and asked 
Mr, Mack to try again to bring Mr. Murphy up to the room 
in the hotel. Mr. Mack went away and returned soon to say 
that Mr. Murphy had left the cafe. 

Judge McCall called Mr, Murphy up at his home on the tele- 
phone and the latter suggested that he and the governor meet 
him there. 

It was the last time the governor and Mr. Murphy met. 
Governor Sulzer described the conference and recalled what was 
said as follows: 

" Judge McCall and I got into a taxicab and went to Mr. 
Murphy's residence. It was after midnight and Mr. Murphy 
let us in at the door. We sat in the front parlor and talked 
over the situation at Albany — appointments, legislation and 
so on. Mr. Murphy would agree to nothing I wanted, and I 
didn't agree to anything he wanted. 

" I asked him not to interfere with the trial of Stilwell in 
the senate, I said: 

" 'What are you going to do about him? ' 

" ' Stand by him, of course,' replied Mr, Murphy, ' Stilwell 
will be acquitted. It will only be a three-day wonder. How 
do you expect a senator to live on $1,500 a year? That is only 
chicken feed,' 

"At this conference," said Mr. Sulzer, " I urged Mr, Murphy 
to let me carry out in good faith the platform pledges of the 
democratic party for direct nominations. We talked over the 
bill. I told him there was a strong sentiment throughout the 
state in favor of this legislation. He said I was mistaken, that 




"I will disgrace and destroy you. 



Impeachment of Governor Sulzer 71 

there was no sentiment for direct primaries except from a few 
cranks. 

" I called his attention to the pledge in the platform. He 
said he was opposed to any bill that abolished the state con- 
vention, and eliminated the party emblem. 

" I said that there could be no honest direct primary law 
unless that were done. He answered that the organization 
would never agree to any bill that did it, and that such a bill 
would be overwhelmingly defeated in the legislature. I said 
to him that unless we made good on direct primaries we would 
lose the State. He replied that I did not know what I was 
talking about. 

"We again talked over appointments to vacancies on the 
supreme court bench, and I said that I was being criticised by 
the judges and others for not filling the vacancies. He talked 
over several names that would be agreeable to him, Mulqueen, 
Gillespie and others. I told him that I thought I ought to 
select the very best lawyers I could get, and said again that I 
would make no appointments unless the names were approved 
by the Bar Association. That was the last time I saw Mr. 
Murphy, and I returned to the hotel very much disheartened. 

" Before we parted that night I warned Mr. Murphy that 
he would wreck the party and accomplish his own destruction 
if he persisted in shielding grafters and violating platform 
pledges. His angry retort was that I was an ingrate, and that 
he would disgrace and destroy me. 

" Every man who has borne the weight of a great office like 
that of the governor of New York will appreciate my position. 
I wished to keep in with the organization; I was anxious to 
avoid a break with it. I knew only too well the legislature 
would obey Mr. Murphy's every order, whether given over the 
telephone or in person. I knew the terrible odds against me 
in the fight which I courted when I declined to submit to Mr. 
Murphy's dictation; when I declined to turn my office into an 
instrument for the corruption of government and the debauching 
of the state. I was reluctant to break with Mr. Murphy. I 
did it only because it became impossible to do otherwise, and 
not betray my oath of office and forfeit every shred of self- 
respect. 



72 Tammany's Treason 

"When I returned to Albany after my last interview with 
Mr. Murphy I carefully considered my plight and the whole 
state situation. It was only at that time, not since, that any 
thought of resigning my office was in my mind. 

" There were three paths for me to travel; to surrender to 
Murphy and be unmindful to everything except his orders; 
to fight for what I believed was right, regardless of Murphy, 
or to resign my office and give the people my reasons. 

" It did not take me long to determine not to surrender. I 
could not do that and maintain my self-respect. 

" Could I fight and win? It did not seem possible. I knew 
that Mr. Murphy told the fact when he said he could and would 
block me in the legislature. I knew also that every state 
department was under his control, save the few I managed to 
hold against him. More than all, I knew from many years' 
knowledge of Murphy methods, that, when desperate, he would 
stop at nothing to thwart me, even to the extent he has done, 
which is not his limit. 

" I thought long and seriously about it all. My impulse 
was to fight, my knowledge of Murphy's control of everything, 
and the fear in which he was held by every legislator and 
officeholder, made fight seem hopeless. 

" I alone would be the victim in the end. I was deeply in 
debt and Murphy knew it. I was without power over the 
legislature and Murphy knew it. Even friends of good govern- 
ment stood by, cynical, offering much criticism but little real 
help. 

" Then I wrote out and signed my resignation as governor. 

" But as I thought it all over finally it looked cowardly. 
I tore up my resignation. The old determination to fight 
came to me and I made up my mind that no matter what the 
cost to me personally I would fight and fight hard. 

"And I have fought hard from that moment to the present 
day of my unjust condemnation — how hard is proven by the 
enemies I have made and the conspiracy they have worked 
out against me. Every agency these enemies could use to 
destroy me has been used. It is a long, pitiable story, miserably 
contemptible in its meanness and pettiness." 



Impeachment of Governor Sulzer 73 




Governor Sulzer and Lieutenant-Governor Glynn 

Taken January 1st, 1913, on the north porch of the "People's 
House." Governor Sulzer had just arrived from New York 
City and Mr. Glynn had called to greet him. 



74 Tammany's Treason 

CHAPTER XI 

Impeachment Court at Delmonico's 

After his break with Charles F. Murphy, Governor Sulzer 
took every opportunity to prove to the people of the state 
that he was no longer consulting the wishes of the boss. He 
had already sent to the legislature, three days before the last 
meeting with Mr. Murphy, the vigorous message disapproving 
the Blauvelt primary bill. When he finally resolved to burn 
all his bridges and to resist Murphy at every point he con- 
cluded to make the fight for a genuine primary law the main 
issue between him and his enemies in the democratic party. 

He called into conference all the democratic county chairmen, 
all the members of the democratic state committee and repre- 
sentatives of. all political parties and organizations in favor of 
a state-wide primary law. These meetings, held in the execu- 
tive chamber and addressed by Governor Sulzer, stirred the 
state from end to end. Committees were appointed to pre- 
pare a primary bill and to promote its enactment by the legis- 
lature. 

Lieutenant-Governor Glynn was offered the chairman- 
ship of the publicity committee. As he had always loudly 
proclaimed his belief in direct primaries and had urged Gov- 
ernor Charles E. Hughes to use the axe on the bosses to hasten 
the realization of the reform it was assumed that he would 
be found working side by side with the governor for the 
Sulzer bill. 

Greatly to the surprise of direct primary advocates all over 
the state the lieutenant-governor paid no attention to the 
invitation to become chairman of the publicity committee. 
His silence was all the more astonishing from the fact that 
since the beginning of the year he had constantly urged upon 
Governor Sulzer the desirability of sending a strong message 
to the legislature for a state-wide direct primary law. 

It soon dawned on the minds of the people that Mr. Glynn 
had gone completely over to the side of Charles F. Murphy 

Note — For complete list of all those in attendance see index. 



Impeachment of Governor Sulzer 75 

and that he would be found with the boss against whatever 
the governor attempted to persuade the legislature to do. 
Beginning of the direct primary campaign, in large measure, 
lined up the sheep and the goats, so to speak, and the 1 eu- 
tenan' -governor for the first time during his public career 
openly chose the side of the Tammany boss. 

Every time Governor Sulzer spoke for direct primaries he 
spoke with a feeling and earnestness that impressed those who 
listened to him with the idea that he had recently undergone 
a radical change in his opinions. He no longer veiled these 
opinions with equivocal language, but made plain in lucid and 
forceful Eng ish that he was for an honest, thoroughgong 
direct primary law, because it was the only instrument by which 
the people could drive the bosses from power and restore 
popular government at Albany. 

Those who listened to his fervent plea for a direct primary 
law and denunciations of bosses were not aware at the time of 
his secret conferences with Charles F. Murphy and his many 
tribulations resulting from the arrogance of the boss. The 
public began to sit up and take notice of the fact that a real 
war had at last broken out between the two men, but it was 
ignorant of the events since the beginning of the year, which 
gradually led up to and provoked the opening of hostilities. 

It subsequently developed that it was the governor's deter- 
mination to carry the direct primary war into the Africa of 
Tammany and especially his refusal to call off his special in- 
vestigator, John A. Hennessy, from the pursuit of grafters 
that was the direct cause of the notorious Delmonico conference 
held May 20th. By a man who claims to have obtained all 
the names of those present from one of the conferees, those 
who attended were: Charles F. Murphy, Norman E. Mack, 
Edward E. McCall, William H. Fitzpatrick, Patrick E. Mc- 
Cabe, Martin H. Glynn, John H. McCooey, Thomas Foley, 
Robert F. Wagner, James J. Frawley, Senator James A. Foley, 
Alfred E. Smith and Aaron J. Levy. 

Mr. Glynn afterwards vehemently denied that he was present 
at any conference in Delmonico's. Certain it is that such a 
conference was held and that it took the first steps toward 
procuring impeachment of Governor Sulzer, who at that time 
was out on his first tour of the state in behalf of the direct 



76 Tammany's Treason 

primary bill which had been defeated at the regular session of 
the legislature. The legislature adjourned May 3rd and within 
a few days thereafter the governor issued a call for an extra- 
ordinary session to meet June 16th, its principal purpose being 
to consider the direct primary bill. 

Governor Sulzer addressed the first public meetings in Buf- 
falo, May 19th. At these gatherings, all of them being large 
and enthusiastic, he vigorously attacked the bosses, mentioning 
by name Charles F. Murphy, William H. Fitzpatrick and 
William Barnes. He also set forth the main features of the 
direct primary bill and called upon the people of Erie county 
to demand of William H. Fitzpatrick, the local Tammany boss, 
that he permit his seven assemblymen to vote as their con- 
stituents wanted them to vote on the primary bill. 

"When the bosses permitted my nomination," he said, " I 
suppose it was their idea that they could control me and I 
sometimes think if I were not so foxy they would control me. 
When they found out they could not control me they were the 
maddest men on earth. They said they were going to destroy 
me, but I say to you the only man who can do that is myself. 

" The power to nominate is the power to control. The 
bosses want to control the governor and other state officers. 
That is why they insist upon retaining the state convention. 

" Here and there a man slips into office who cannot be con- 
trolled. It took the bosses a long time to pick me. Now they 
are sorry they did it. 

" I told the gentleman (Murphy) in New York in a speech 
that the best place for him was his own bailiwick. I know the 
tiger and best place for him is a cage. 

" Some of the politicians are doing the cuttle fish act. They 
are muddying the water not to get away but to get something 
that doesn't belong to them." 

This plain talk infuriated the Tammany men. No governor 
had ever dared to go before the people and hold the bosses up 
to contempt in that fashion. 

The next day. May 20th, Charles F. Murphy and his aides 
held a council of war at Delmonico's, the private political 
headquarters of the boss. It was then and there resolved to 
" get something" on Sulzer and endeavor to have him impeached 

Note — For Sulzer's speech in full at Buffalo see index. 



Impeachment of Governor Sulzer 77 

and remoived from office, if in the meantime he did not cease 
his attacks on the organization and stop his investigations into 
the highway, prisons and other state departments. As 
Senator Frawley is quoted as having remarked a few weeks 
later to former fire chief Croker: "Yes, we are going through 
with this impeachment because it is either Sulzer's life or ours." 

It was determined at the conference of Tammany leaders 
first to threaten the governor with exposure of petty offenses 
and if he did not then take warning, to continue the attacks 
and remove him from office, if necessary. The Frawley com- 
mittee, made up of senators and assemblymen, had been ap- 
pointed before the legislature adjourned to pry into various 
matters. This committee, it was decided at the Delmonico 
conference, was to attempt to counteract the Hennessy and 
Blake investigations into the highways and prisons by holding 
hearings and assailing the data collected by the investigators. 
There was no intimation at the time that the governor's 
campaign expenses were to be made the subject of inquiry. 

Soon after his return from the speaking tour for the direct 
primary bill, Governor Sulzer began to hear from the emissaries 
of Charles F. Murphy. At first the men who called on him 
pretended to be his friends more than they were friends of 
Murphy. They pleaded with him, " for the sake of the party," 
to cease his attacks on Murphy and the Tammany organiza- 
tion and especially not to " imperil democratic success" by 
investigations and making trouble over a direct primary law. 

But the governor convinced all of these messengers that he 
had resolutely set his face toward the goal of an honest primary 
law and that he would not let up his efforts to uncover graft. 

Then followed another train of Tammany agents who were 
more blunt in their threats. They repeated what Murphy 
had told him in private in April; that the boss "had some- 
thing on him," and that it was the height of folly for even a 
governor to continue fighting the organization if he did not 
want to be destroyed. Speaking of his experience at this time, 
Governor Sulzer said: 

" Every agency known to these political conspirators was 
set in motion. My life was raked from the time I was born 
down to the present day by detectives, investigators and 
various sleuths, with a view of finding out something that would 



78 Tammany's Treason 

injure me. Criminals and perjurers were utilized to defame 
me. I was hampered and obstructed in my official duties and 
privately hounded, denounced and threatened. 

" The first thing the conspirators did in the plot to poison 
the public mind against me was to put out that Vermont 
business. I promptly told the truth about the matter and it 
fell flat. It was a forgery and I have sworn proofs to that 
effect. Then came the Philadelphia breach of promise frame- 
up. That also fell flat when I told the truth about it." 




'We are going to get that fellow before we are through with him. 



Impeachment of Governor Sulzer 81 

CHAPTER XII 
"We're Going to Get That Fellow" — McCabe 

After Governor Sulzer had addressed direct primary meetings 
at Buffalo, Hornell, Corning and Elmira, he returned to Albany 
for a day before addressing two meetings in Schenectady. 
Among the speakers who accompanied the governor to Schen- 
ectady were John Mitchell, whom he had appointed commis- 
sioner of labor, and Jay W. Forrest of Albany. The news- 
papers for several days had contained notices of the meetings, 
giving the names of the speakers. 

Patrick E. McCabe met Mr. Forrest a few days before the 
meeting in the Capitol and asked him whether it was true 
that he was going to address a Sulzer direct primary meeting 
at Schenectady. 

"Yes, I am going to speak at that meeting," replied Mr. 
Forrest. " I have always been for direct primaries." 

" I thought we had all that foolishness stopped," was 
McCabe's comment. 

"You are mistaken; there is nothing foolish about direct 
primaries and you people will soon find it out," retorted 
Forrest. 

"Well, Jay, if you are for direct primaries you can't expect 
any favors from Murphy or the organization. You have 
either to be for us or against us. This is a fight to the finish 
and we are going to get that fellow before we are through 
with him." 

Mr. Forrest said that Mr. McCabe was excited. At that 
time there had been no public talk about impeachment but 
McCabe's parting prediction has since become significant of 
what was then going on in the inner Tammany circles. 

McCabe's outbreak recalled to Forrest's mind that during 
Governor Charles E. Hughes' administration Martin H. 
Glynn, the senate clerk's friend, had been very much for 
direct primaries. He immediately began to look for an edi- 
torial published in Mr. Glynn's Albany newspaper, the " Times 
Union," April 9, 1909. 

Note — For Forrest's speech in full see index. 



82 Tammany's Treason 

Failing to find the files of the paper in the local libraries, he 
visited the " Times Union" office and asked for the file of that 
year. He had copied three or four lines of the editorial when 
he heard a voice behind him, asking: "Jay, what are you 
doing? " 

Lieutenant Governor Glynn stood in the doorway, asking 
the question. " I am copying this editorial," Forrest replied, 
" that you wrote on direct primaries in 1909." 

"What are you going to do with it," demanded the lieu- 
tenant governor. 

" I am going to use it in the interest of direct primaries," 
replied Forrest. 

Mr. Glynn. — " How do you know I wrote the editorial ? " 

Mr. Forrest. — " Surely you are not going to deny your own 
child." 

The lieutenant governor declared that he was not respon- 
sible for everything that appeared in the " Times Union," 
and ordered Forrest not to copy any more of the editorial. 
He then asked him into his private office. 

" Now, Jay," began the lieutenant governor in his most 
confidential tone, " I have always been your friend and I 
don't see why you should want to get me mixed up in this 
direct primary fight. I don't want to be in this trouble 
between Sulzer and the people in New York city. If I get into 
it at all it will ruin my political future." 

"Your future is gone now after you took part in that con- 
ference last week in Delmonico's," interrupted Forrest. 

Mr. Forrest said that the lieutenant governor jumped from 
his chair in excitement at the mention of the Delmonico 
conference and denounced any statement to that effect as a 
lie. He demanded to know Forrest's authority for the report 
that he had been at any such conference. 

Forrest refused to give it, but insisted that it was reliable 
authority. "And the same authority tells me," added Mr. 
Forrest, " that with you at that conference were Charles F. 
Murphy, Edward E. McCall, Robert F. Wagner, Patrick E. 
McCabe, and John H. McCooey. Martin, I know what I am 
talking about when I say you were there." 

"And I say as positively that you don't know what you are 



Impeachment of Governor Sulzer 83 

talking about when you say I was there," shouted the lieu- 
tenant governor. 

Mr. Forrest returned to the subject of the editorial and wanted 
to know why he couldn't be permitted to copy it, " Re- 
member," he warned Mr. Glynn, " that if I don't get it here I 
can hunt up another copy of the paper." 

" Let me look at that editorial again," said Glynn, walking 
out to the file of the paper. After reading it over he turned 
to Forrest and said: " No, Jay, you can't copy that editorial 
now. And I want to ask you not to do anything about it 
until Monday night, when I will call you up and let you know 
my decision." 

Mr. Forrest never heard from the lieutenant governor one 
way or the other on the subject. He thereupon advertised in 
the three Albany newspapers, the Knickerbocker Press, the 
Argus, and Evening Journal, for a copy of the Times Union 
of April 9, 1909, offering a reward of $5 for it. The following 
day a copy was brought to his home. 

Governor Charles E. Hughes, who was then beginning his 
second term of two years, had been obstructed at every step 
by a combination of republican and democratic bosses in his 
efforts to get a direct primary bill enacted into law. Mr. 
Glynn then professed to be zealously for such a law. Here is 
the editorial which he had in his newspaper at the time and 
refused to allow Mr. Forrest to copy four years later: 

MARTIN H. GLYNN IN 1909 

Editorial Printed in his Newspaper the Albany Times-Union, April 9th, 1909. 

"THE AXE, GOVERNOR, THE AXE." 

" The political power and prestige of the governor of this 
state is second only to that of the President of the United 
States. 

So potent is the authority of the governor — in the hands of 
one who knows how to use it, and who will use it like a man 
and not like an angel — that no machine politician can suc- 
cessfully oppose a governor's measures, particularly when 
such measures are framed in the interest of the whole people. 

The test vote yesterday of 112 to 28 against Governor Hughes 
on his direct primary bill should be proof conclusive that the 



84 Tammany's Treason 

governor must change his methods before he can possibly pass 
any of the measures for which he has become personally 
responsible. 

Yesterday's defeat was too emphatic to leave any excuse 
for an extra session of the legislature. To call an extra session 
under such circumstances would almost be an abuse of ex- 
ecutive power. 

Yesterday's vote was not a defeat. It was the most humili- 
ating rout — horse, foot and dragoons — which has been adminis- 
tered to any governor of this state in thirty years. 

It should convince Mr. Hughes that he can't tickle the bosses 
and fight them at one and the same time. MOST OF THE 
BOSSES ARE VAMPIRES— THEY KILL YOU IF YOU 
DON'T KILL THEM. ALL OF THEM ARE SHYLOCKS, 
ALWAYS DEMANDING THEIR POUND OF FLESH, 
BUT EVER FEARING TO SHED A DROP OF BLOOD- 
PARTICULARLY THEIR OWN. 

If Governor Hughes thinks he can fight the bosses by 
giving them all the political pap in sight for three hundred and 
sixty-four days in the year and then wrestling them one day 
on scholastic questions he is sadly mistaken. This game of 
political warfare is not conducted on the lines of a college 
professorship. It is, as in all other kinds of warfare, the God 
of victory is with the heaviest artillery, and the General in a 
battle who refuses to fire his heaviest guns for fear of fracturing 
some rule of etiquette or of besmoking some lofty principle of 
conduct has no business to enter a battle himself or to lead his 
friends up against the lines of the enemy. 

This political fight for good laws is not a game of parlor 
battledore and shuttlecock with all the social amenities. It 
is stand up, knock down and drag out fight, and you must do 
the other fellow before he does you. It may be all right in the 
religious life to turn the left cheek when your enemy smites 
you on the right. But in politics this course butters no 
parsnips and wins no victories. And it is high time for 
Governor Hughes to write this fact down in his diary. 

Yesterday's defeat has injured the cause of direct primaries 
and made STRONGER THE RULE OF THE MACHINE 
IN THIS STATE. 



Impeachment of Governor Sulzer 85 

THE PEOPLE ELECTED MR. HUGHES GOVERNOR, 
AND PLACED IN HIS HANDS ALL THE POWER 
WHICH THE LAW GIVES HIM TO WORK FOR THEIR 
INTERESTS. AND THIS POWER SHOULD BE USED 
TO WEAKEN THE ENEMIES AND STRENGTHEN THE 
FRIENDS OF MOVEMENTS FOR THE PUBLIC GOOD. 
What else can it mean? And isn't it nonsense to indulge in 
mental philosophical distinctions that prevent a common sense 
course looking to results for the public welfare? 

Some of Governor Hughes' overzealous friends maintain 
that every time he is beaten by the machine he is stronger 
with the people. This is nonsense, and, if it were true, such 
warfare with such a purpose would be contemptible. We don't 
believe Governor Hughes fights with any such motive. But 
defeat never strengthened any leader or any cause, and Mr. 
Hughes and his issues are no shining exception to this rule. 

GOVERNOR HUGHES HAS CONVINCED THE 
PEOPLE, BUT HE HAS FAILED TO CONVINCE THE 
POLITICIANS. 

There is only one way to convince the politicians, and that 
is the way of the axe. 

THE AXE, GOVERNOR, THE AXE." 



86 Tammany's Treason 



CHAPTER XIII 

Eugene D. Wood's Letter Tells of Delmonico 
Conferences 

Eugene D. Wood, familiarly known in Albany as " Gene 
Wood," was a lobbyist at the Capitol for many years at a time 
when that calling was recognized as more legitimate than in 
these later years. In the early days when the New York 
Central railroad owned the legislatures, the genial Wood was 
the distributor of passes and of other favors. Mr. Wood 
probably knows more about the Black Horse Cavalry, in- 
famous in New York state's legislative annals, than any 
member thereof. 

Mr. Wood had large interests in the Albany and Troy gas 
companies and was intimately connected with the late Anthony 
N. Brady, gas and electric light magnate, in both business 
and politics. 

Soon after the legislature of 1913 assembled, what is known 
as the Capitol district hydro-electric bill was introduced in 
both the senate and assembly by Senator John F. Murtaugh 
of Elmira and Assemblyman J. Lewis Patrie of Greene county. 
Briefly described, the measure was intended to authorize the 
state conservation commission to utilize the water power at 
two barge canal dams, at Vischer Ferry and Crescent, near 
Albany and Troy, for the production of electric power to be 
sold to Capitol district municipalities at cost. The plan was 
to be modeled on the hydro-electric plan in operation for five 
or six years in the province of Ontario, Canada, where cheap 
power was insured to consumers. 

A similar bill had been introduced in the legislature of 1912 
by Senator Howard R. Bayne of Richmond county and had 
stirred up intense opposition from the electric power interests 
not only in New York state but from electric power companies 
throughout the east. 

When the measure was re-introduced in 1913, the power 
interests were well organized to oppose it. Eugene Wood, not 
merely on account of his personal interest in the Albany and 
Troy companies, but because of his business relations with 



Impeachment of Governor Sulzer 89 

Mr. Brady and other prominent financial men, fought the bill 
in a political way from the outset. Like the trained lobbyist 
that he was, he went directly to the seat of power, Charles 
F. Murphy, and asked that the hydro-electric power bill be 
killed. Murphy and Patrick E. McCabe, clerk of the senate 
and Murphy's agent in Albany county, both promised to see 
that the bill never passed the senate. 

All of this was unknown to the advocates of the plan in the 
cities of the Capitol district, who held meetings, appointed 
committees and conducted a systematic campaign in its 
behalf. 

Suddenly there came a change in the attitude of the Tammany 
leaders in the legislature and, despite the promise of Murphy 
and McCabe to Wood, the hydro-electric bill was allowed to 
go through both houses. Brady and Wood were furious at 
this breach of faith on the part of Murphy. With Samuel A. 
Beardsley of Utica, legal and political representative of 
Brady, they execrated — all under cover of course — Murphy 
and his gang at Albany for this ''double cross," and vowed 
vengeance. 

Meanwhile, Governor Sulzer had in various ways endorsed 
the hydro-electric bill so far as an executive, with propriety, 
could endorse a measure before it came to him. He said he 
was in favor of the principle of the bill and vigorously denied 
rumors that he had made up his mind to veto it. 

But as the day of a public hearing on the measure before the 
governor approached, these rumors of a veto multiplied and 
were more persistent. Unable to impress the governor with 
the usual arguments employed by private corporations against 
state competition the electric trust shrewdly appealed to Gov- 
ernor Sulzer from the political angle. They knew he was 
already in the thick of a fight with Murphy over direct pri- 
maries and one of them wrote in substance: 

" / have no use for the governor's direct primary ideas hut we 
are willing to do what we can at this time to assist him in des- 
troying Murphy. Murphy, McCabe and Glynn are interested 
in this hydro-electric hill and that is why it passed the legislature. 
Murphy and McCahe promised faithfully that it would never 
pass the senate and now we are out to fight them,'' 



90 Tammany's Treason 

Lieutenant Governor Glynn, from the beginning of the year, 
was in the forefront of the battle for the hydro-electric bill. 
When Governor Sulzer saw this and that the lieutenant gov- 
ernor did not want to help him in his fight for a primary law 
his suspicions were aroused and daily confirmed in his mind 
by the stories brought to him by Beardsley and others inter- 
ested in the veto of the hydro-electric bill. 

A letter from Eugene D. Wood at this time throws some 
light, not merely on the manner in which Governor Sulzer 
was bombarded, but on the anxiety of Wood and his friends 
to keep the governor posted on the Delmonico conferences. 
It is as follows: 



Envelope of letter written by Eugene D. Wood, and mailed 
from New York city Sunday evening, May ISth, 1913, at 
10:30 P. M. 

" Sunday Eve. 
"EUGENE D. WOOD" 
"My Dear John:— 

I hope the governor is to veto Murtaugh's hydro-electric 
bill. It is surely to his political benefit and advantage to do 
so. They had a meeting last Wednesday eve. at Delmonico's 
regarding that bill and the primary bill. Glynn and McCabe 
were present. So was McCall, McCoohey, Wagner and Mur- 



Impeachment of Governor Sulzer 91 

phy. It hits many of his enemies by veto — and makes many 
friends and no enemies by doing so. I wish you would make 
it strong with the governor ho^ important it is to him. Of 
course, I am thinking of how it hurts me. Let me hear if 
you think I can do anything that will help him to veto the bill. 
He can for sure make many friends^nd get much help by 
vetoing it, and gain nothing the other way, but help his 
enemies and give them a club for future use. With best 
wishes I remain, 

" Yours Sincerely, 

" Eugene D. Wood " 



92 



Tammany's Treason 




■. UC £ N t D. W 3C .1 














Impeachment of Governor Sulzer 



93 



EWBSNS CWOOD 




^^^^r^C/^, 



94 



Tammany's Treason 



THE GANG— *' LYNCH HER!" 




From the Albany Knickerbocker Press. 



Impeachment of Governor Sulzer 95 



CHAPTER XIV 

Murphy Sends Messengers to Threaten Sulzer 

For at least two months before the seventy-nine assemblymen 
in the gray dawn of August 13th passed the articles of impeach- 
ment, Governor Sulzer had received messages from Charles 
F. Murphy, all bearing an open or covert threat of what would 
happen to him if he did not change his course at Albany. 
The governor frequently confided to his friends that the boss 
was preparing to destroy him politically, but that he had 
resolved to keep right on with his campaign for a real primary 
law and with the investigations. 

His addresses before the direct primary campaign committee 
in June a few days before the convening of the extraordinary 
session all had the ring of a man heavy of heart but resolute 
in spirit. 

Spies were put on the trail of John A, Hennessy and George 
W. Blake, who were conducting the investigations so much 
feared by Murphy. Every step of Hennessy was dogged by 
one or more sleuths and his movements reported to the boss 
or his agents. Members of Mr. Hennessy 's family were 
watched by spies all with the idea of getting information 
which could be used against the investigator and his work 
rendered futile. 

All kinds of men, willing to be messengers for the boss, were 
sent to the governor. By some of the more suave he was told 
that all this investigating business would wreck the demo- 
cratic organization in the state; that it would sm-ely react on 
the governor himself without accomplishing very much. He 
was told that Hennessy was a bitter enemy of Tammany and 
was not the right kind of man to collect evidence of that sort 
anyhow. 

Governor Sulzer also received indirect threats. Men pre- 
tending to be mutual friends of himself and Murphy begged the 
governor to let up in his campaign for direct primary legisla- 
tion and especially not to pursue his highway and other probes 
until he took time to consider what might be brought down on 
his head in consequence of that policy. 



96 Tammany's Treason 

In most of his speeches in May and June on direct primaries 
the governor referred to these threats without going very much 
into their character. He afterwards said that he knew what 
was coming because the nature of the attacks had been speci- 
fied in some of the threatening letters received at the executive 
chamber and by Tammany men sent to tell him. 

Newspapers in the bipartisan alliance, belittled the big 
meetings addressed by Governor Sulzer in May and June. 
The impression sought to be given was that few attended the 
meetings and that many were progressives, hence there was 
no indication, according to these press reports, that either 
democrats or republicans were taking any interest in state- 
wide direct primaries. 

When Charles F. Murphy, however, did realize that the 
insurrection among the people against his legislature and rule 
at Albany was a genuine one, he directed that the committee 
headed by " Jim " Frawley, hasten its work of " getting 
Sulzer." 

" Let us have patience," shouted Senator Robert F. Wagner, 
June 16th, when the senate was called back in extraordinary 
session, " and the people of the state will be informed on 
Governor Sulzer." 

There was no attempt to discuss the merits of the primary 
bill which the legislature was called back to consider. It 
was all a scream of anger that the governor should dare to 
call an extraordinary session at which to pass a direct primary 
bill. 

It became evident from the outset that some of the state 
committeemen and county chairmen attended the meetings 
called by the governor to discuss direct primaries, quietly 
acquiesced in the proceedings, but continued to be bitter 
enemies of direct nominations. They were on the side of 
Murphy and were said to have been advised to pretend sym- 
pathy with the governor for the sake of their districts. 

Among the state committeemen of this character was 
William H. Kelley of Onondaga county. Mr. Kelley attended 
one of the direct primary meetings in the executive chamber 
and the two democratic assemblymen from his county voted 
for the primary bill. This was done to save Duncan W. 

Note— See index for Buffalo and Rochester speeches. 



Impeachment of Governor Sulzer 97 



A MAN, THE STATE. THE MOB AND THE BEAST? 



From the Albany Knickerbocker Press, 1913 



98 Tammany's Treason 

Peck, state superintendent of public works, whose home is in 
that county, as much as it was to prevent defeat of the assem- 
blymen should they seek renomination. 

The insincerity of the assemblymen — Stephen G. Daley and 
Patrick J. Kelly — so far as upholding the governor is concerned, 
was demonstrated when they both voted to impeach him. 

Although Duncan W. Peck, superintendent of public works, 
who had charge of the Erie canal patronage, always pretended 
to be in sympathy with Governor Sulzer, it was suspected 
from the time of his re-appointment in January that he held 
first allegiance to Murphy. His slowness and sometimes 
refusal to remove Tammany officeholders confirmed the truth 
of this suspicion. 

One of the things for which Governor Sulzer has been 
criticised by his friends was his retention of Peck, who has 
been condemned from Buffalo to New York in all the counties 
affected by the canal, for his activity in behalf of Charles F. 
Murphy. That the two assemblymen from his home county 
at last voted with Murphy's men to impeach the governor, 
was additional proof of his disloyalty, according to the rules 
of the political game. 

William H. Fitzpatrick of Buffalo, the Erie county boss, 
was another illustration of the deception practiced by the up- 
state bosses upon the governor. Following the election in 
November Fitzpatrick professed great friendship for Sulzer, 
and the governor apparently believed that Fitzpatrick could 
afford to be independent of Murphy. He praised the Buffalo 
man in interviews with the newspaper men, and on one oc- 
casion said that he was willing to appoint him public service 
commissioner. He permitted him to distribute the state's 
patronage in Erie county as Governor Dix had before him. 
Devoe P. Hodson, recommended by Fitzpatrick, was ap- 
pointed and confirmed public service commissioner at $15,000 
a year. 

When the break came with Murphy it also came with 
Fitzpatrick, because the latter refused to stand with the 
governor in the legislature. Two of the three Erie county 
senators, Ramsperger and Malone, voted to exonerate Stilwell 
and to otherwise uphold Murphy's side in the senate. It 
was such experiences as these which convinced the governor 



Impeachment of Governor Sulzer 99 

that no matter what patronage these up-state Murphy men 
received, they would take it all and then turn against him at 
the first opportunity should the Tammany boss give the word. 
Murphy's policy was the same as it had been in the Dix ad- 
ministration — grab all the patronage and give little or no 
legislation desired by the governor in return. 

Governor Sulzer's friends found fault with him because he 
did not profit from the experience of Governor Dix. They 
assert that had he begun war upon the tiger from the begin- 
ning of his term, instead of trying to dicker with it, he would 
have laid for himself surer foundation from which to fight. 

As an example of how insatiable Charles F. Murphy was in 
reaching out for patronage, the bill passed by the regular 
session of the legislature concerning the janitor service of the 
new state Education building is cited. There were about 
seventy employes to care for the building, with a payroll of 
about $4,300 to $4,500 a month under control of the state 
commissioner of education. 

The Tammany men passed a bill during the session of 1913 
taking this from the control of the commissioner, and giving 
it to the superintendent of buildings, who was a political 
follower of Patrick E. McCabe, clerk of the senate, and Charles 
F. Murphy's man in Albany county. Governor Sulzer 
promptly vetoed the grab. With the expectation that the 
governor would sign the bill, the Murphy legislators had 
inserted $60,000 for taking care of the building. The edu- 
cation department is keeping the building clean and in good 
condition for $43,000 to $45,000. 

Veto of the bill, a characteristic Tammany measure, brought 
down on his head the anathema of every job hunter in the 
Tammany ring, from Charles F. Murphy down. He was 
denounced as traitor to the party and a wrecker of democracy. 



100 



Tammany's Treason 



'WHAT ARE YOU GOING TO DO ABOUT IT ?" 




From the Albany Knickerbocker Press 



Impeachment of Governor Sulzer 101 



CHAPTER XV 

Norman E. Mack Accepts and Then Declines Place on 
Sulzer Primary Committee 

One of the first things Governor Sulzer did after his return 
from his last conference with Charles F. Murphy was to ad- 
vise Senator Stephen J. Stilwell to resign from the senate, 
warning him if he did not he would submit the charges made 
against him to district attorney Charles S. Whitman. Stilwell 
was defiant and in effect informed the governor that he did 
not care what he did with the charges as he was going to 
remain a member of the senate. 

The next thing the governor did following his interview 
with the boss was to invite prominent men all over the state 
to accept membership on a committee of one hundred to pro- 
mote the cause of a genuine direct primary law. Among the 
prominent democrats he invited was Norman E. Mack, of 
Buffalo, long the New York state member of the democratic 
national committee. Mr. Mack promptly replied by telegraph 
on April 17th that he would be glad to serve on such a com- 
mittee. But before the committee assembled on the 26th at 
Albany, a change came over the spirit of Mr. Mack's dreams. 
He declined to serve, giving as his reason that he was opposed 
to any primary law which would permit the voters to nomin- 
ate directly their candidates for governor and other state 
officers. 

This sudden change of front on the part of Mr. Mack, 
assuming that he had been well informed of the character of 
the Sulzer bill discussed in the newspapers for several weeks, 
indicated to the advocates of the measure that the Buffalo 
man had gone over to the Tammany side of the bitter con- 
troversy then raging. 

On April 22nd, Senator John W. McKnight, of Rensselaer 
county, and Assemblyman Mark Eisner, of New York, intro- 
duced in the legislature the Sulzer primary bill, the result of 
the work of the committee appointed by the governor. 

Meanwhile the Blauvelt primary bill had been repassed 



102 Tammany's Treason 

and the governor on April 24th once more vetoed it. In that 
veto message he said : 

"We have been given leadership dishonorable to the various 
political parties of the state and we have been given party 
tickets which reflect this dishonorable leadership in disgraceful 
secret alliances between big business interests and crooked 
and corrupt politics." 

Governor Sulzer's speech to the assembled county chair- 
men — fifty-one of the sixty-one of the state being present — 
the state committeemen and friends of state-wide primaries, 
delivered in the executive chamber, was pronounced by many 
of the newspapers as the most remarkable ever delivered by 
a governor of the state. 

It was estimated that more than 500 people were crowded 
into the executive chamber to listen to the governor. 

" There will be no compromise," said he, " between me 
and the boss-controlled legislature. I venture to predict that 
when the history of our state is written this day will be set 
down as one of the historic in its annals. Every democratic 
chairman in the state must decide now whether he is for me 
or against me. If he is against me — mark well what I say — I 
will be against him. 

" No man fears direct primaries except the man whose charac- 
ter and whose ability, and whose mentality and whose democracy 
will not bear the searchlight of publicity. 

"No man fears direct primaries unless he would rather be a 
creature of invisible government than the servant of the people. 
If you think I will not fight then you have another think coming. 
{Laughter and applause.) If you imagine I don't know the 
rules of the game remember I have been in the game all my life. 
They beat Governor Hughes but I am determined they will not 
beat William Sulzer." 

The speech breathed defiance to the bosses and the boss- 
owned legislature in every line and caused a sensation through- 
out the state, for never up to that time had Governor Sulzer 
used such vigorous language against the bosses. Following 
the meeting in the executive chamber, a public hearing on the 
bill was held before the assembly and senate judiciary com- 
mittees in the assembly chamber. 



Impeachment of Governor Sulzer 103 

On April 30th, the primary bill was defeated in the senate 
by a vote of 42 to 8 . 

Opponents of the bill attacked Governor Sulzer rather than 
the measure itself. Tammany senators ridiculed and denounced 
the governor. Leader Wagner declaring that he was insincere 
in professing to be for direct primaries at all. Senator John 
F. Healy of Westchester county was sure that only a few people 
in the state wanted the right to nominate their candidates 
and he was indignant that he should be asked to waste time 
in considering a proposition so absurd. 

The following day, May 1st, the assembly, after a stormy 
session, in which the Tammany leaders excoriated Governor 
Sulzer, defeated the bill by a vote of 93 to 47. 

The week previous Governor Sulzer had sent to the senate 
the nominations of John Mitchell for state commissioner of 
labor; John H. Delaney for commissioner of efficiency and 
economy; John N. Carlisle for commissioner of highways and 
John B. Riley for superintendent of prisons. 

By agreement, the nominations of Carlisle and Delaney 
were confirmed by the senate. Governor Sulzer had refused 
to nominate Mr. Delaney unless the Tammany leaders first 
agreed to confirm Mr. Carlisle's nomination for the state 
highway department. The senate refused, however, to con- 
firm the appointment of Mitchell or Riley. The ostensible 
reason for the rejection of Mitchell was that he was not a 
democrat. The real reason, however, was that Mitchell was 
too independent and would insist upon being head of the labor 
department. 

No reason was given for the rejection of Judge Riley's 
nomination. Privately, the Tammany leaders admitted it 
was because he came from Clinton county and belonged to 
the democratic organization there, which had always asserted 
its independence of Tammany. 

Governor Sulzer sent in Mitchell's name twice to the senate 
and it was rejected each time. He appointed both men as 
recess appointees after the legislature adjourned. Attorney 
General Carmody held that Mitchell's appointment was illegal 
but that Riley could hold his office until his successor was 
appointed and confirmed by the senate. Carmody's decision 
was afterwards upheld by the courts. 

Note — How the senators and assemblymen voted on the direct primary bill see index. 



104 Tammany's Treason 

CHAPTER XVI 

The Frawley Committee and Its Work 

Among the bodies which won a malodorous reputation in 
connection with the impeachment of Governor Sulzer was 
the Frawley committee. It was composed of Senator James 
J. Frawley, of New York county; Senator Felix J. Sanner, of 
Kings county; Senator Samuel J. Ramsperger, Erie county; 
Senator Elon R. Brown, Jefferson county; Assemblyman 
Myron Smith, Dutchess county; Assemblyman LaVerne and 
P. Butts, Otsego county; and Assemblyman Wilson R. Yard, 
Westchester county. 

All three assemblymen, as indeed were sixty-two of the 
seventy-nine assemblymen who voted for impeachment, were 
defeated either for renomination or re-election a few weeks or 
months later. 

Myron Smith was the only Republican among the assembly- 
men on the committee. He was a relic of the Old Guard of 
notorious memory which flourished in republican politics 
prior to and during the administration of Governor Hughes. 
He was always ready to help Tammany in the assembly. 

Assemblyman Butts came from the independent county of 
Otsego, but from the moment he entered upon his duties at 
Albany he placed himself as the disposal of Charles F. Murphy. 
He was therefore considered a " safe " man to place on the 
Frawley committee. 

Assemblyman Yard came from Westchester county, which, 
bordering on New York, has usually been the prey of Tam- 
many. Yard professed in his ante-election proclamations to 
be a militant independent and reformer, but he, too, rushed 
into the arms of the boss when he arrived in Albany and re- 
mained a servile ever after. 

Senator Frawley, the chairman, a fine specimen of the Tam- 
many politician, as contemptuous of principle in politics as 
he was devoted to the commercial god in public affairs, domin- 
ated the committee. 

Senator Felix J. Sanner of Brooklyn and Senator Samuel 
J. Ramsperger of Buffalo were perfect models of Tammany 




Matthew T. Horgan 

Secretary to the Frawley Committee denounced by Gov. Sulzer as a 
Tammany Spy. 




William H. Fitzpatrick 
Tammany'? Leader in Erie County. 



Impeachment of Governor Sulzer 107 

" statesmen " who " stand without hitching." No matter 
how risky the job Tammany had in hand these two men, upon 
orders, could be depended on to help. 

Senator Elon R. Brown was leader of the republican minority 
in the senate at the time of his appointment on the Frawley 
committee. He was an excellent example of the old Tory 
republican, distrustful of the people and clinging with re- 
ligious zeal to the political forms and substance of the mon- 
archical past. He had had some personal differences with 
Governor Sulzer and his chief delight was in ridiculing the 
executive at every opportunity in the senate chamber. 

Such were the seven members of the Frawley committee 
sent abroad by the legislature to " get something " on Sulzer. 

The four senators were appointed by Lieutenant Governor 
Martin H. Glynn, presiding officer of the senate, and the three 
assemblymen by Speaker Alfred E. Smith of the assembly, 
upon authority of a resolution adopted by both houses May 2nd, 
1913, the day previous to the adjournment of the regular 
session. 

Little or no attention was paid to the resolution at the time 
as upon its face it contained nothing to reveal the real purpose 
of the committee, the resolution reading in part : 

" To examine into the methods of financial administration 
and conduct of all institutions, societies or associations of the 
state, which are supported either wholly or in part by state 
moneys." 

This was presumed to mean investigation particularly of 
the prisons of the state to offset or discredit the work of George 
W. Blake, Governor Sulzer's investigator, who was then en- 
gaged on the inquiry. The committee did, in fact, subpoena 
Blake and did what it could to discredit his work relating to 
the examination of affairs at Sing Sing, Great Meadows and 
other prisons. 

The committee engaged Eugene Lamb Richards, Tammany 
state committeeman from Richmond and Rockland counties, 
as counsel, and Matthew T. Horgan as secretary. Richards 
at the time of his appointment was counsel for the state 
conservation commission at a salary of $7,000 a year. Horgan 
had been intimately connected with Governor Sulzer during 
his campaign for governor in 1912; had access to his home 



108 Tammany's Treason 

and private papers and all who knew of these relations were 
astonished to hear of his connection with the Frawley com- 
mittee even at that early time doing its best to find something 
against the governor. Horgan was afterwards denounced by 
Governor Sulzer as a Tammany spy. Other men who had 
wormed their way into the confidence of the governor suddenly 
appeared as assistants to the Frawley committee, all of which 
indicated to the governor and his friends that a deep-laid 
conspiracy had been afoot long before he was nominated at 
Syracuse the year previous. 

But the committee did not find its attack on the governor's 
investigators as fruitful a field as it reckoned on. Something 
else had to be done to stop the deadly work of Hennessy in 
the highway department and Blake in the prisons. All through 
May and a part of June the members of the committee worked 
to bring something serious to the surface, but apparently 
their efforts were in vain. 

At the extraordinary session of the legislature called by the 
governor to meet June 16th, the opportunity came. In 
addition to recommending enactment of a direct primary law, 
Governor Sulzer in his message recommended legislation 
amending the corrupt practices act. This was immediately 
seized on by the Tammany man as sufficient authority to amend 
the resolution adopted at the regular session creating the 
Frawley committee and to extend its powers. 

Senator George F. Thompson, republican member from 
Niagara and Orleans counties, was used as the agent of Tam- 
many to accomplish this. He introduced a resolution June 
25th in the senate by which it was resolved that the " whole 
subject of any wrongful or unlawful influence aforesaid, and of 
receipts and expenditures of candidates for the elective office 
to be filled by the votes of the electors of the whole state, be 
referred to a certain joint legislative committee of the senate 
and assembly to examine into the methods of financial ad- 
ministration." 

This Thompson resolution, amending that of Frawley 
adopted at the regular session, was held to arm the committee 
to go into the governor's campaign receipts and expenditures. 

Instead of adjourning sine die, after defeating the direct 
primary bill the second time, the Tammany leaders changed 



Impeachment of Governor Sulzer 109 

their minds and took a recess from time to time for the purpose 
of receiving the report of the Frawley committee. The com- 
mittee thereupon began delving into the Sulzer campaign 
receipts and expenditures, its meetings for that purpose being 
held in Albany and New York. 



110 Tammany's Treason 



CHAPTER XVII 
Charges of Graft Made Against Justice Daniel F. 

COHALAN 

Soon after the Frawley committee began its hunt for evidence 
against Governor Sulzer which could be used to halt his 
highway and prison investigations, charges were preferred 
against Daniel F. Cohalan, justice of the supreme court in 
the first judicial district, former legal and political adviser of 
Charles F, Murphy. 

John A. Connolly, president of the Victor Heating Company, 
New York city, testified that while Cohalan was influential 
in Tammany and before he was a supreme court justice he 
demanded 55 per cent, of the profits on any contracts which 
he was instrumental in obtaining from the city, 

Connolly swore he had paid Cohalan $3,940, always in money, 
for his influence in obtaining city contracts; that he had 
afterwards demanded return of the money, after he and his 
friends had made complaint to Charles F. Murphy, and that 
Cohalan repaid him the amount. 

Subsequently Connolly wanted to get a public job and sought 
Cohalan's aid. The latter was accused of offering to get 
Connolly a job provided the latter gave Cohalan his note for 
$4,000. Judge Cohalan defended this transaction by claiming 
he had submitted to blackmail when he returned the $3,940 
to Connolly and that the note was to repay what was honestly 
due him. 

The Association of the Bar of the city of New York asked 
Justice Cohalan to appear before the grievance committee of 
the association and answer the charges. Instead of availing 
himself of that privilege he asked Governor Sulzer to submit 
the case to the legislature, then in extraordinary session, 
which the governor did. 

The evidence was heard by the judiciary committees of the 
two houses of the legislature, presided over by Senator John 
F. Murtaugh, of Elmira. After taking testimony for three or 
four days a sub-committee consisting of Senator James A. 
Foley of New York, Senator Herbert P. Coats of Franklin 




IsoDOR Kresel, William T. Jerome and Judge Cohalan 
This picture was taken while Judge Cohalan was on trial. 



Impeachment of Governor Sulzer 113 

county; Assemblyman Aaron J. Levy of New York; Assem- 
blyman John L. Sullivan, Chautauqua county, and Assembly- 
man Michael J. Schaap, New York, prepared a report in which 
it was held that the charges preferred against Justice Cohalan 
should be dismissed because they had not been proved. 

Justice Cohalan was represented at his trial by John B. 
Stanchfield, William T. Jerome and I. J. Kresel, all of whom, 
two months later, represented the board of managers in the 
impeachment proceedings against Governor Sulzer. 

The judiciary committees were represented by Joseph A. 
Kellogg, first deputy attorney general, and William D. Guth- 
rie appeared in behalf of the association of the bar of the city 
of New York. 

In summing up against Justice Cohalan, Mr. Guthrie, in 
part, said: 

" Judge Cohalan committed more than a mistake when he 
submitted to the blackmail of Connolly and paid him $3,940 
in bills in order to stop the exposure as hush money. These 
transactions covered two years, $500 and $1,000 at a time 
invariably in bills, invariably without any record whatever 
kept, except the record that happens to have been produced 
out of the books of the Victor Heating Company which are 
fully corroborated today by the admissions of Judge Cohalan. 

" Is it conceivable that this highly educated and trained and 
skilled lawyer did not appreciate the seriousness of what he 
was doing, and are you satisfied that the only reason why he 
did it was to serve his party, and that he was willing to put 
this thing upon himself and his profession in order that he 
might insure the success of Tammany hall during the cam- 
paign of 1909 ? 

" The inference to be drawn from these facts is to be drawn 
by you and not by us. Again, how extraordinary the sub- 
stitution of the perjured amended complaint for money loaned, 
the statement by Cohalan of the agreement in the presence of 
Cruikshank that they would agree that the money had been 
loaned in order that this bogus, fictitious complaint or pleading 
might be drawn; the false records then made; the delivery of 
that false and perjured affidavit to Judge Cohalan himself, 
and the writing on the back of that rotten, manufactured. 



114 Tammany's Treason 

fabricated evidence of the receipt for the bills paid on the 27th 
of May by Mr. Justice Cohalan himself to Mr. Cruikshank. 

" We ask you to take the evidence of Mr. Cruikshank and 
Judge Cohalan and determine yourselves whether or not the 
transaction was extremely suspicious, and whether it does 
not tend, admitted as it is on the stand by Judge Cohalan, to 
shatter the confidence of the community, I will not say in 
the character, but in the mental and moral poise of Mr. Justice 
Cohalan. 

" Now, jumping to the next significant fact, the note of 
$4,000. You will read the testimony in that regard and you 
will conclude whether you are willing to accept the story that 
this note and this affidavit, which we insist was nothing but a 
perjured affidavit, were given solely as evidence of the retrac- 
tion of false charges, of the withdrawal of charges which had 
been previously made. If that had been the purpose, of course, 
a brief statement, sworn to by Connolly, could have been 
prepared. 

" We submit that if you will read that note, and the ac- 
companying so-called estoppel affidavit, that it is almost pre- 
posterous to suggest that this clever lawyer accepted this note 
and this affidavit, at that time, for no other purpose than as 
evidence of the withdrawal of the previous charges. But if 
that were in doubt, let us come to what happened this year. 

" Mr. Justice Cohalan is on the bench as a member of the 
supreme court of the state. He receives the most insulting 
letter that any justice of the supreme court ever received. 
The letter was contemptible. The letter practically charged 
a criminal offense against Mr. Justice Cohalan, that he took 
this note as a consideration for a promise to procure this in- 
dividual, Connolly, a public office. 

" What ought Mr. Justice Cohalan have done for himself, 
for his profession ? He ought to have defied Connolly's 
attorney, Mr. Warren. He ought, if he hadn't been afraid 
that something might be exposed, to have turned the letter over 
to somebody, such as the Bar association, for its consideration, 
instead of surrendering the note and affidavit. 

" I venture to submit that the conceded and undisputed 
features of this whole distressing case establish not only grave 
mistakes and acts on the part of Mr. Justice Cohalan, which 



Impeachment of Governor Sulzer 115 

are blameworthy, but such as to shatter the confidence which 
the people of the state of New York ought to repose unre- 
servedly in the honor, in the spotless honor of their judges." 
Justice Cohalan was exonerated in the senate by a vote of 
31 to 8, and in the assembly by a vote of 112 to 18. 



116 Tammany's Treason 



CHAPTER XVIII 

Frawley Committee Delves Into Sulzer's Campaign 

Accounts 

Justice Cohalan had just been exonerated by the Tammany 
legislature when the Frawley committee began to dig into 
Governor Sulzer's campaign accounts. As already pointed 
out, this was made possible by the resolution introduced by 
Senator George F. Thompson of Niagara county, prompted 
undoubtedly by Tammany leaders, extending the power of 
the committee to deal with that section of the primary law 
relating to campaign contributions. 

And thus by the irony of fate Governor Sulzer's earnest plea 
to the extraordinary session of the legislature on June 16th 
for a genuine direct primary law was made the legal agency 
by his enemies to attack his honor and bring about his removal. 

For nearly two months the members of the committee had 
been casting about for something which could be used to 
obstruct the governor's investigators and to embarrass his 
primary campaign. It had done what it could to harass 
Hennessy and Blake and now suddenly it saw an opportunity 
to make trouble for Sulzer in a new direction. The secretary 
of the committee, Matthew T. Horgan, who had been appointed 
by John H. Delaney, commissioner of efficiency and economy, 
a deputy in that department at $5,000 a year, was " loaned " 
by Delaney to the committee. He had pretended to be an 
intimate friend of Sulzer during the campaign for governor 
and knew all about the candidate's campaign finances. 

The first meeting of the committee to hear testimony on 
the governor's campaign receipts and expenditures was held 
at the Capitol in Albany, July 30th, and continued there and 
in the City hall, New York, until August 8th. During those 
hearings it developed that while Governor Sulzer had made 
affidavit to the secretary of state that he had received con- 
tributions aggregating $5,640 from sixty-eight persons, he had 
received $12,405.93 from ninety-four contributors. 

Louis A. Sarecky, who had been an employe of Mr. Sulzer 
for ten years while he was a member of congress, had been 




From the Saturday Evening Post 



Impeachment of Governor Sulzer 119 

authorized during the campaign to endorse his name to any 
checks donated to the campaign fund. Mr. Sarecky was a 
witness before the committee but refused to answer most of 
the questions by advice of his counsel, Louis Marshall. Mr. 
Sarecky's usual reply was that he would not answer questions 
relating to the governor's bank affairs and amounts contributed 
to his campaign unless allowed counsel at the hearing so that 
" the whole story could be told," He contended that without 
counsel being present the committee's lawyer, Eugene Lamb 
Richards, would bring out only one side of the story. 

At the proceedings of August 6th, Mr. Richards read the 
following letter received from Charles F. Murphy: 

" C. F. Murphy, 305 East 17th Street, 

" New York, July 31, 1913 
" The Hon. James J. Frawley, 

Senate Chamber, Albany, N. Y.: 
" Dear Sir. — This morning's statements report Governor 
Sulzer as saying that * large contributions from contractors, 
the office holders, the special interests, and prominent demo- 
crats interested in the campaign were made through the bagman 
direct to Mr. Murphy.' 

" These insinuations are untrue. If Governor Sulzer has 
any information as to misconduct on my part relating to 
campaign contributions I request him to furnish it to your com- 
mittee, and I will appear for examination at any time. 

" Yours truly, 
"(Signed) CHARLES F. MURPHY." 

Chairman Frawley enclosed a copy of this letter to Governor 
Sulzer and invited him to appear before the committee and 
" furnish it at once with any such information in your pos- 
session, together with the names and addresses of any wit- 
nesses, who can give us sworn testimony, in support of your 
charge." 

The information which the committee appeared to be so 
eager to obtain concerning campaign contributions paid to 
Mr. Murphy through his " bagmen " was at that time in pos- 
session of John A. Hennessy and much of it made public during 
the ensuing municipal campaign in New York city, as well as 



120 Tammany's Treason 

in the John Doe proceedings begun by district attorney 
Charles S. Whitman of New York county. 

In concluding its report to the senate and assembly the Fraw- 
ley committee drew the following inferences from the testimony 
it had taken: 

" Governor Sulzer made a false public statement, when on 
July 30, 1913, he said that he was away campaigning and that 
he did not know of the campaign contributions omitted from 
his sworn statement. The Elkus check was endorsed by 
Sulzer personally and he acknowledged the letter of Elkus 
transmitting it as a campaign contribution. 

" We submit to the legislature that it was false when William 
Sulzer swore that he had received only $5,460 of campaign 
contributions and that he did so with full knowledge that he 
had received an amount many times that sum and had converted 
the same to his private uses; that he used contributions given 
to aid in his election for the purchase of stocks in Wall street 
which he or his agents still hold; that he has been engaged in 
stock market speculations at the time that he, as governor, 
was earnestly pressing legislation against the New York Stock 
Exchange which would affect the business and prices of the 
Exchange; and that there was evidence before this com- 
mittee to sustain a finding that as governor he has punished 
legislators who opposed him by vetoing legislation enacted 
for the public welfare, and has traded executive approval of 
bills for support of his direct primary and other measures. 

" We submit to the senate and assembly that the facts 
above stated are sufficiently serious in character and are so 
violative of the laws of this state and the rules of fitness for 
and conduct in high office, that the public interests demand 
some action in reference thereto whether through the exercise 
of powers of the legislature, or by referring the facts and 
evidence to other duly constituted officers charged with duties 
in respect thereof. 

" There is in the possession of this committee further au- 
thentic information of other similar evidence in respect to the 
subject of this report, as strong in quality and in the large 
amounts involved as that on which sworn testimony has 
already been given. 

" This committee, therefore, has not completed its investi- 



Impeachment of Governor Sulzer 121 

gation either on this subject or others covered by the resolu- 
tions under which it is acting, but it has felt that the reve- 
lations set forth in this report and the testimony accompanying 
it should be brought to the attention of the legislature at once 
without awaiting a final report either on this or other subjects. 
" The questions here involved are vital to clean government. 
They are above party or partisanship. They are vital to the 
citizens of the state and call for prompt and well-considered 
action. They call for an answer from Governor Sulzer, 
because both his obstructive tactics and his silence warrants 
the conclusion that the charges can neither be answered nor 
explained. 

" We recommend the punishment for contempt of Louis A. 
Sarecky and Frederick L. Colwell, hereinbefore referred to 
and we transmit herewith the record of the hearings with the 
testimony and exhibits. 

"Albany, N. Y., August 11, 1913 

" Respectfully submitted by order of the committee, 
" The Joint Legislative Investigating Committee," 

JAMES J. FRAWLEY, 

Chairman. 
" Eugene Lamb Richards, 
Counsel. 
" Matthew T. Horgan, 

Secretary." 



122 Tammany's Treason 



CHAPTER XIX 

Governor Sulzer's Last Speech in the Executive 
Chamber 

While the Frawley committee was hastening its work of 
collecting facts on which to base the articles of impeachment 
the Sulzer campaign committee, or " war board," as it came to 
be known, was enthusiastically carrying on the propaganda 
for direct primaries. 

On August 4th, only nine days before the assembly voted 
to impeach the governor, another big meeting of county 
chairmen and advocates of the reform was held in the execu- 
tive chamber to organize for the election of an assembly 
pledged to a real primary law. At that time Governor Sulzer 
seemed to foresee what so soon was to be his fate, for he said: 

" My friends, I am carrying a heavy burden. You know 
something about it, but you do not know all about it. I am doing 
so simply because I made up my mind when I took the oath of 
office that I would be the governor in fact as well as in name. 
Because I made up my mind that no influence should control me 
while I was the governor, but the dictates of my own conscience, 
and my determination to do my duty, day in and day out, come 
what may. For these reasons, and others, I have been hounded, 
traduced, vilified and threatened as no other man has ever been, 
who occupied this office, in all the history of the state." 

Those who saw and heard the governor on this occasion will 
agree that his appearance and manner indicated that he was 
sorely troubled but resolute to go through with the fight to 
the bitter end. He was applauded at nearly every sentence. 
Brief addresses were made by many of the men present. The 
speakers included: Assemblyman Verne M. Bovie, West- 
chester county; Eugene D. Scribner, Gloversville ; M. Z. 
Havens, Syracuse; Jay W. Forrest, Albany; former Congress- 
man Theron Akin, Montgomery county; George F. Ketchum, 
chairman of the Orange county democratic committee; John 
T. Cronin, Beacon; Mayor Roscoe Irwin, Kingston; Rev. 
Canon William S. Chase, Brooklyn; and Daniel J. Dugan, 
Albany. 



Impeachment of Governor Sulzer 



123 



HIS MASTER'S VOICE. 




From the Albany Knickerbocker Press 



124 Tammany's Treason 

Nearly all of the speeches were militant in their defiance of 
Murphy and in pleading for non-partisan action at the election 
to insure a direct primary and unbossed assembly. 

General Amasa J. Parker, of Albany, presided and reso- 
lutions authorizing the appointment of campaign committees 
in every assembly district to labor for a direct primary assembly 
were adopted. 

Former Congressman Akin urged the governor to vigorously 
swing the axe and said if he were governor, when so many 
heads of state departments were with Murphy and opposing 
direct primaries, he would order the heads of such disloyal 
employes brought into him on a pike pole. 

" I voted for William Sulzer for governor and not for Charles 
F. Murphy or Packy McCabe," declared Mr. Forrest as his 
listeners applauded. Referring to Mr. Glynn, Mr. Forrest 
said: 

" One man who ought to be standing with Governor Sulzer 
today, and who a few years ago advised Governor Hughes to 
use the axe on the ' vampire ' bosses, is with Charles F. Mur- 
phy. When I went into the Times-Union office to copy the 
editorial advising Governor Hughes to use the axe on the bosses, 
Martin H. Glynn refused to permit me to do it. The only 
reason he gave was that he didn't want to get mixed up in this 
direct primary fight because it would hurt his political future. 
Well, any man who thinks he can stand in the way of progress, 
that man's future is gone before he starts." 

Assemblyman Verne M. Bovie of the second district of 
Westchester county offered resolutions endorsing the stand the 
governor had taken and calling for the election of assemblymen 
who will carry out the platform promises. 

" I like to stand by Governor Sulzer," said he, " because he 
has met opposition from the machine when he dared to stand 
by the pledges of the platform not only before but after elec- 
tion. We ought to support him and see to it that the next 
legislature will carry out these promises for direct primaries." 

At the suggestion of M. Z. Havens of Syracuse, the resolu- 
tion was amended pledging the conference not to support any 
candidate not in favor of the direct primary bill. 

Eugene D. Scribner of Gloversville also had resolutions 
adopted, expressing unwavering confidence in Governor Sulzer 



Impeachment of Governor Sulzer 125 

and offering support for his endeavor to carry out the promises 
of the party. 

" I do this because I beUeve the governor is trying to carry 
out the party promises in good faith," said Mr. Scribner, 
"If the time ever comes that he does not do this I shall oppose 
him. I want to say that any assaults made on him because 
of his position on this question will be utterly futile and of no 
force and effect." (Applause.) 

George F. Ketchum, chairman of the Orange county com- 
mittee, called attention to the fact that both the assemblymen 
from his county, Caleb H. Baumes, a republican, and William 
T. Doty, a democrat, had voted for the bill. 

" There is no criticism of either of these men for doing so," 
said Mr. Ketchum, " because it is well known that they repre- 
sent public sentiment in both of the dominant parties in our 
county. 

" This is a fight to the death between two men — one here in 
Albany, who has been elected governor, and another man in 
New York city, who thinks he is governor. The people will 
stand by their fighting governor and he will surely win the 
victory." (Applause.) 

John T. Cronin, who in June had been elected commissioner 
of public safety of the new city of Beacon in Dutchess county, 
in the first commission government in this state, told the 
story of how the independents had defeated by two to one a 
combination of the two old machines. 

" The people of that assembly district," said he, " will 
retire assemblyman Myron Smith to the political scrap heap 
next November because he voted against the direct primary 
bill. I don't care under what party name the assemblyman 
is sent to Albany, as long as he is for a real direct primary bill. 

" I used to be a democrat, but under the reign of Murphy in 
New York city I was driven from the party." 

"And there are 100,000 democrats like you in New York 
city who have been driven out of the democratic party," 
interrupted a New Yorker from Manhattan. 

Resuming, Mr. Cronin said that the only way to get a direct 
primary assembly is for all who believe in it to unite on a candi- 
date in each district whether they are democrats, republicans 
or progressives. 



126 Tammany's Treason 

Mayor Roscoe Irwin of Kingston denounced as cowardly 
and contemptible the assailants of Governor Sulzer, declaring 
that their methods were worse than those of the cuttle fish. 

"They are trying," said he, "to blind the people of the state 
by these slanderous stories to the real issue. Governor Sulzer, 
it should be borne in mind, is not fighting his own battle but 
the cause of the people." 

County Chairman George E. Noeth of Monroe county said 
that the most important thing to do at once was to find candi- 
dates for the assembly known to be absolutely for direct pri- 
maries. 

" We know," said he, " that there are organizations in this 
state professing to be for direct primaries, which are owned 
by the two political bosses." 

A New York city democrat told Governor Sulzer that the 
sooner he began to drive out of state office the men not loyal 
to him in his effort to live up to the party platform, the sooner 
the stampede to this cause. He urged the governor to stand 
by John Purroy Mitchel, the fusion candidate for mayor in 
New York, whereupon there was general applause. 

" Invisible government now rules New York," said he, 
" but with the election of John Purroy Mitchel all that con- 
dition will disappear and Governor Sulzer will be honored for 
supporting him." 

The Rev. Canon William S. Chase of Brooklyn at this 
point offered his resolution for the appointment of an execu- 
tive committee to conduct the assembly campaign. 

Daniel J. Dugan, state committeeman for Albany county, 
said that as state committeeman he was making a fight at the 
primaries for a county committee in favor of carrying out the 
pledges of the party. He said that in the event the enrolled 
voters refused to do this on primary day, the large number of 
direct primary voters in other parties and not enrolled, probably 
could elect assemblymen committed to that reform. 

Robert E. Gregg, former assemblyman from Lewis county, 
reported that the sentiment in that section of the state was 
strong for the Sulzer bill, although the assemblyman had voted 
against it. 

The governor spoke as follows: 



Impeachment of Governor Sulzer 129 

"It is a great pleasure to me to greet you and to welcome 
you today in the executive chamber. 

" This conference was called by the friends of direct primaries 
to counsel as to the best way to nominate and elect members 
of assembly who will stand by the people and vote for state- 
wide direct primaries in the next legislature. 

" I have always been of the opinion that a member of the 
legislature, state or national, should be true to the principles 
of his party; should be anxious at all times to carry out the 
promises of his party, and should always be responsive to the 
will of the people. 

" However, in our legislature at present that idea seems to 
be reversed. Its members apparently are more anxious to 
carry out the will of the bosses than the will of the voters. 

" Conscious of the rectitude of our intentions, and with the 
knowledge of public sentiment, we feel that it is the duty now 
of the men charged with the responsibility, who have within 
their grasp the machinery of the party, to see to it that the men 
who have been false are held accountable; to see to it that men 
who will be responsive to the will of the voters are nominated 
for member of assembly in each assembly district of the state. 
In that way we will make progress. In that way we will get 
a very different kind of assembly next year. In that way only 
can we succeed. 

" No one has a higher opinion of the legislature of our state 
than the man who is now addressing you. I use the expression 
generally. I served in the popular branch of the legislature 
for five years, nearly a quarter of a century ago, and through 
my own efforts and by my own exertions, I rose, as a young 
man, step by step, until I became its speaker — one of the 
youngest speakers in the history of the state. 

" I know something about the legislative history of our 
state. I could name many great men who have served with 
honor and distinction in the popular branch of our legislature. 
It is a great forum. It is the agency of the people of the state 
to express their will. 

" The office of assemblyman is most important, and is great 
enough for the ambition of any man. In the years gone by 
we had many great men in the assembly of our state. 

" Today I regret to say that cannot be said concerning the 



130 Tammany's Treason 

present assembly. I want to be charitable. You know, and 
I know, and the people know, that the present legislature is 
controlled by influence adverse to the best interests of the 
people of the state. It is a matter that now challenges the 
sober judgment of the people. It is a matter that is now an 
affront to the intelligence of the citizens, and it is humiliating, 
not only to me, in my efforts to do right ; in my desire to keep 
the faith; and in my determination to do my duty; but to the 
due administration of public affairs. 

"Another election is approaching — a very important election 
to the taxpayers of New York. We meet here in council to 
take some action in order that the next assembly shall be 
different from the present assembly. In order to make that 
a living fact it is necessary for you to see to it that the right 
kind of men are designated in each assembly district for mem- 
bers of assembly. 

" What do I mean by that ? Simply this: In the present 
crisis in the state of New York, where one man challenges the 
whole people, and because he cannot have his way, he says to 
the people that they shall not have their way. So we say now, 
that in each of these assembly districts, in the first instance, 
we shall appeal to that public spirit, and to that patriotism, 
which has never failed to respond, when it was necessary to 
respond, we ask you to aid us so that the ablest and the best 
men can be designated for members of assembly, regardless of 
party affiliations, shall be elected to carry out the will of the 
people, and to see to it that the administration of state affairs 
is not longer paralyzed. 

"As I have said, many great men have been assemblymen 
in New York. We want great men in the assembly next year; 
men who dare to do right ; men who are free and independent ; 
men who believe in truth and dare to maintain it; men who 
will see to it that the right shall prevail — regardless of political 
or personal consequences. 

"In each assembly district there are worthy men, eloquent 
men, brave men, honest men, who will respond to the call; 
who will allow their names to be used in this struggle for good 
government, and who will consent to be candidates for as- 
sembly. They will be elected. They will come here the first 
of the year, take the oath of office, and be true to it — true to 



Impeachment of Governor Sulzer 131 

the general welfare, true to the commonwealth of New York — 
true to party promises, and true to all that is good and honest 
and decent in public affairs. 

"As the governor, through you, representing what you do, 
and having it in your power to accomplish results, I now appeal 
to the intelligent, to the patriotic, and to the public spirited 
citizens of New York to come forward in this campaign and 
aid us to elect an assembly that will be beyond the influence 
of any man, and responsive only to the will of the people. 

" My friends, I am carrying a heavy burden. You know 
something about it, but you do not know all about it. I am 
doing so simply because I made up my mind when I took the 
oath of office that I would be governor in fact as well as in 
name. Because I made up my mind that no influence should 
control me while I was the governor, but the dictates of my own 
conscience, and my determination to do my duty, day in and 
day out, come what may. For these reasons, and others, I 
have been hounded, traduced, villified and threatened as no 
other man has ever been who occupied this office, in all the 
history of the state. 

" However, I have no fear of the ultimate result. I know 
by experience, by the truths of history, by that intuition 
which is unerring, that justice will prevail, and that right 
makes might. 

"If the honest folk, and the patriotic people of New York 
will stand up together in this campaign we will^^win on election 
day, a victory that will clarify the political atmosphere and go 
far for years to come to give the state of New York what the 
state of New York needs — an honest government, and an 
efficient government, and an economical government — a 
government in the interests not of the few but for the benefit 
of all. 

" I could say much that I will at present refrain from saying. 
Let us trust that in the wisdom of your counsel much good 
will come. You can count on me in the future as in the past 
to go forward in the work of reform. I shall count on you to 
aid me. Let us all work together for the good of the state, 
and certainly that should be the highest ambition in the estima- 
tion of every good citizen." 

This was the last speech of Governor Sulzer in the executive 
chamber and the last he made as governor. 



132 Tammany's Treason 

CHAPTER XX 

Murphy's Assembly Ordered to Impeach the Governor 

Edward Croker, former fire chief of New York city, met 
Senator James J. Frawley during the summer and asked: 

" Do you really intend to impeach Sulzer; do you intend 
to go through with this business ? " 

And Frawley 's reported reply was: 

" Of course we do. If we don't he will send us all to jail. 
It is his life or ours." 

That conversation was first made public during the New 
York city campaign in October by John A. Hennessy, and its 
truth was afterwards confirmed by Mr. Croker in a newspaper 
interview, who said: " Every word of that is true. The 
conversation between Frawley and me took place at the Long 
Beach railroad station where we happened to meet." 

That the fear of jail was the impelling Tammany motive in the 
attack on Sulzer was manifest from the outset. It was evi- 
dent all through the Frawley committee activities and at every 
session of the assembly and high court of impeachment until 
the vote for removal was recorded. 

The moment the Frawley committee on August 8th concluded 
taking testimony, the report on its findings was hastily prepared 
and rushed to the printer for presentation to the assembly 
Monday evening, August 11th. The members were summoned 
by telegraph and every artifice and trick employed to get them 
to Albany in a hurry. 

For a week there had been talk in the air to the effect that 
Murphy had at last obtained " something on Sulzer," and that 
the governor was to be impeached. The haste with which 
the assembly was summoned and especially the feverish 
anxiety betrayed by Speaker Alfred E. Smith, Majority 
Leader Aaron J. Levy and all the other Tammany ites in the 
assembly to adopt the Frawley report and articles of impeach- 
ment brought denunciation from the people all over the state. 

Following adjournment of the Frawley committee in New 
York, Chairman Frawley, Assemblyman Aaron J. Levy, 
Senator Wagner, Speaker Alfred E. Smith and Eugene Lamb 



Impeachment of Governor Sulzer 



133 



BREAKING THE PENAL LAW 




From the Albany Knickerbocker Press 



134 



Tammany's Treason 



IMPEACHING SULZER" 




From the Albany Knickerbocker Press 



Impeachment of Governor Sulzer 135 

Richards went to Saratoga Springs, where they remained over 
Sunday and prepared the committee's report and resolutions 
to be passed by the assembly Monday night. It was stated 
that even at that time communication was had with Edgar T. 
Brackett, whose home is in Saratoga Springs, by the Tam- 
many men on the question of his employment to assist in the 
prosecution of the charges against Governor Sulzer before the 
court of impeachment. 

Monday night's session of the assembly was a memorable 
one for excitements and disorder. The program was to jam 
through the Frawley report and present the resolution of im- 
peachment introduced by Assemblyman Aaron J. Levy. The 
vote to receive the Frawley report was 65 to 35, and to receive 
the Levy resolution to impeach, 65 to 30. 

In vain did Assemblyman Harold J. Hinman, republican 
minority leader, Albany county; Louis D. Gibbs, democrat, 
Bronx county, and Michael Schaap, progressive, New York 
county, plead for more deliberation in the procedure. They 
asked for at least enough time to enable the members to read 
and understand the report which at the last moment had been 
placed on the desks of the assemblymen. But all these plead- 
ings fell on deaf ears. 

Assemblyman Hinman moved that the subject be referred 
to the judiciary committee for a week so that there might be 
time to study and discuss one of the most serious questions 
ever presented to an assembly. His motion was voted down 
by 62 to 39. 

Had there been enough votes — a majority of 150 — Tammany 
would undoubtedly have adopted even the resolution of im- 
peachment the same night without further deliberation. But, 
in spite of liberal use of the telegraph and telephone all Mon- 
day, Charles F. Murphy apparently was unable to get the 
necessary seventy-six assemblymen that night and so an ad- 
journment was taken to Tuesday forenoon at 11 o'clock. 

All next day the struggle continued for more votes and it 
was not until nearly midnight of August 12th that the as- 
sembly was called to order by Speaker Smith. Word went 
out to the Tammany men to talk against time, as a few votes 
were still needed to put through the resolution of impeach- 
ment. Speaker Smith, Leader Levy, Patrick E. McCabe 



136 Tammany's Treason 

and other leaders had been busy all day in the speaker's room 
at the rear of the assembly calling in doubtful assemblymen 
as they arrived and questioning them where they stood on the 
subject of impeaching the governor. 

The arguments used were of a widely varied character and 
included all that politicians of that type are accustomed to 
employ when in desperate straits. At 6 p. m., Tuesday, 
Speaker Smith is said to have jubilantly telephoned Charles 
F. Murphy that he had seventy-five votes besides his own, 
making the bare majority necessary to carry the impeachment 
resolution. The boss is reported to have demanded that they 
get at least eighty before calling the assembly to order. And 
so the telephone, the telegraph and all other means of com- 
munication were again brought into play to. cajole, threaten 
and persuade absent members to come to the rescue of the 
boss. 

Those who had to wait in the assembly chamber all through 
the weary hours will never forget the feeling of depression 
that the surroundings created. It was vaguely known to all 
that something unusual and dreadful was impending; that 
conspirators behind closed doors nearby were preparing for 
the degradation of a high official, whose alleged offenses even 
then were but little known to the public. 

Tammany assemblymen, those of them who were not asleep 
in their seats, were as flippant as if the occasion were a political 
holiday. All they knew or cared to know was that the boss 
" wanted this job done," and it was not for them to ask the 
reason. 

The constitution contemplated that the assembly in impeach- 
ment cases was to act as the grand jury; that all of its members 
were to be deliberate and judicial, careful to know the facts 
before blackening a man even by accusation. 

But had any grand jury acted in the treatment of any petty 
case in the inconsiderate manner in which this Tammany 
assembly did in the impeachment of a governor, it would have 
constituted a scandal in any normal community. There was 
no semblance of seriousness or dignity among assemblymen 
who knew beforehand what they were going to do. 

Tammany leaders, despairing of getting the necessary 
seventy-six votes from the democratic side to adopt the im- 



Impeachment of Governor Sulzer 



137 



HOW MURPHY "IMPEACHED" SULZER 




From the Albany Knickerbocker Press 



138 Tammany's Treason 

peachment resolution, appealed to the republicans and enough 
were quickly forthcoming. Of the seventy-nine who finally 
voted for the Levy resolution, seven were republican assembly- 
men. All seven were defeated either for renomination or re- 
election a few months later. 

'' Even the lowest criminal at the bar of justice," declared 
Assemblyman Gibbs, a democrat from Bronx county, in 
pleading for a little time for deliberation, " is entitled to that 
much of a square deal, and yet tonight the assembly of the 
great state of New York is attempting to rush through this 
resolution before the members have had an opportunity to 
study the contents of the report upon which it is based. The 
hour is near when there will be a demonstration throughout 
this state that will overwhelm the party responsible for this 
political crucifixion." 

" It is an insult to the assembly," said Assemblyman Michael 
Schaap, progressive leader, " to offer such a resolution here 
tonight. I appeal to you not to drag the honor of the state 
in the dust." 

Some of the assemblymen needed to make up the majority 
did not arrive from New York until after midnight and when 
the Tammany leaders knew they had enough votes the pro- 
ceedings were expedited. Assemblyman Levy began to speak 
at 3 o'clock in the morning and spoke for two hours. His 
speech will not live in history. It was a bold but not an in- 
genious attempt to support a bad cause. 

While he spoke many of the rhembers slept or were heedless 
of what was going on. Half an hour before he closed and 
moved that a vote be taken the first rays of the rising sun 
came in through the assembly chamber windows, only to ac- 
centuate the scene made ghastly by the many prostrate 
assemblymen and general disorder of the room. 

At 5:13 a. m., August 13th, the vote of 79 to 45 was an- 
nounced by Speaker Smith and Governor Sulzer had been im- 
peached. 

There was a rush of the newspaper men to the telegraph 
offices and of the legislators either to their lodging places for 
rest or to the railroad stations to take trains home. 




The Legislature in Session 

Between three and five o'clock Wednesday morning, August 13, 1913 
Aaron J. Levy's Speech at sunrise. 



Impeachment of Governor Sulzer 



141 



Here is the vote on the impeachment resolution: 

The following democratic assemblymen voted to impeach Governor Sulzer: 



Frederick S. Burr, Kings. 
La Verne P. Butts, Otsego. 
James C. Campbell, New York. 
Charles J. Carroll, New York. 
Raymond B. Carver, New York. 
Thomas B. Caughlan, New York. 
Marc W. Cole, Orleans. 
Salvatore A. Cottillo, New York. 
Cornelius J. Cronin, Kings. 
Louis A. Cuvillier, New York. 
Stephen G. Daley, Onondaga. 
Karl S. Deitz, Kings. 
George E. Dennen, Kings. 
Thomas F. Denny, New York. 
Charles D. Donohue, New York. 
John Dorst, Jr., Erie. 
Joseph H. Esquirol, Kings. 
Stephen A. Fallon, Suffolk. 
Daniel F. Farrell, Kings. 
Joseph V. Fitzgerald, Erie. 
James H. Finnigan, Kings. 
James J. Garvey, Kings. 
George Geoghan, Erie. 
William J. Gillen, Kings. 
Mark Goldberg, New York. 
Abram Greenberg, New York. 
Wm. Pinkney Hamilton, Jr., Kings. 
Ernest E. L. Hammer, New York. 
Harry Heyman, Kings. 
Thomas L. Ingram, Kings. 
Edward D. Jackson, Erie. 
Thomas Kane, New York. 
John A. Kelly, Dutchess. 
John J. Kelly, Kings. 
Joseph D. Kelly, New York. 
Patrick J. Kelly, Onondaga. 



John Kerrigan, New York. 
Owen M. Kiernan, New York. 
David H. Knott, New York. 
Thomas J. Lane, New York. 
Jesse P. Larrimer, Kings. 
Aaron J. Levy, New York. 
David C. Lewis, New York. 
Tracy P. Madden, Westchester. 
Thomas B. Maloney, Nassau. 
Martin G. McCue, New York. 
Eugene L. McCoUum, Niagara. 
Minor McDaniels, Tompkins. 
Peter P. McElligott, New York. 
Patrick J. McGrath, New York. 
Ralph R. McKee, Richmond. 
John J. McKeon, Kings. 
Patrick J. McMahon, New York. 
Joseph J. Monohan, Kings. 
Mortimer C. O'Brien, Westchester. 
Vincent A. O'Connor, Kings. 
Harry E. Oxford, New York. 
E. Burt Pullman, Herkimer. 
John J. Robinson, Suffolk. 
James M. Rozan, Erie. 
Jacob Schifferdecker, Kings. 
Jacob Silverstein, New York. 
George F. Small, Erie. 
Frank J. Taylor, Kings. 
Robert L. Tudor, New York. 
James B. Van Woert, Lewis. 
James J. Walker, New York. 
Theodore Hackett Ward, New York. 
Edward Weil, New York. 
Frederick Ulrich, Kings. 
Wilson R. Yard, Westchester. 
Alfred E. Smith, Speaker, New York. 



Republican assemblymen who voted to impeach Governor Sulzer: 
Frank M. Bradley, Niagara. Myron Smith, Dutchess. 

Clarence Bryant, Genesee. Thomas K. Smith, Onondaga. 

Eugene R. Norton, Washington. John R. Yale, Putnam. 

Herman Schnirel, Ontario. 



Democratic assemblymen who 
Albert C. Benninger, Queens. 
Verne M. Bovie, Westchester. 
Samuel J. Burden, Queens. 
Dr. Robert P. Bush, Chemung. 
William T. Doty, Orange. 
Edward A. Dox, Schoharie. 
Mark Eisner, New York. 
Fred. F. Emden, Oneida. 
John K. Evans, Sullivan. 
Charles H. Gallup, Monroe. 
Eldridge M. Gathright, Ulster. 
Albert F. Geyer, Erie. 
Louis D. Gibbs, New York. 
Frederick G. Grimme, Rockland. 
John W. Gurnett, Schuyler. 



voted against impeachment: 

Alexander W. Hover, Columbia. 

Augustus S. Hughes, Seneca. 

Lawrence M. Kenney, Ulster. 

J. Lewis Patrie, Greene. (Mr. Patrie 
waited until the last before vot- 
ing, to be sure that his vote was 
not needed to impeach the gov- 
ernor). 

C. Fred Schwartz, Rensselaer. 

James L. Seeley, Steuben. 

Arthur P. Squire, Schenectady. 

Howard Sutphin, Queens. 

John W. Telford, Delaware. 

Tracy D. Taylor, Rensselaer. 

Clare Willard, Cattaraugus. 



142 Tammany's Treason 

Republican assemblymen who voted against impeachment : 

Caleb H. Baumes, Orange. Spencer G. Prime, Essex. 

William C. Baxter, Albany. Frank L. Seaker, St. Lawrence. 

Mortimer B. Edwards, Broome. Gilbert T. Seelye, Saratoga. 

Brayton J. Fuller, Oneida. Walter A. Shepardson, Chenango. 

Walter A. Gage, Montgomery. Morrell E. Tallett, Madison. 

Michael Grace, Cavuga . Niles F. Webb, Cortland. 

Harold J. Hinman, Albany. James H. Wood, Fulton and Hamil- 

Edward M. McGee, Livingston . ton. 
John G. Malone, Albany. 

Progressives who voted against impeachment: 
Birnkrant, New York. Solomon Sufrin, New York. 

Michael Schaap, New York. 

OF THE SEVENTY-TWO DEMOCRATIC ASSEMBLYMEN WHO 
VOTED TO IMPEACH GOVERNOR SULZER ONLY SEVENTEEN, 
ALL TAMMANY MEN, WERE RE-ELECTED AT THE ENSUING 
NOVEMBER ELECTION. ALL SEVEN REPUBLICANS WHO VOTED 
TO IMPEACH WERE DEFEATED EITHER FOR RENOMINATION 
OR RE-ELECTION. NEVER BEFORE IN THE HISTORY OF THE 
NEW YORK STATE ASSEMBLY HAD THERE BEEN SO COMPLETE 
A SWEEP BY THE VOTERS AS THE RESULT OF A VOTE ON ANY 
ONE SUBJECT. 



Impeachment of Governor Sulzer 143 



CHAPTER XXI 

" Government by Investigation Should Now 
Cease " — Glynn 

One of the first announcements made by Lieutenant Governor 
Glynn upon laying claim to the acting governorship was that 
government by investigation should now cease. 

In view of what Senator Frawley had declared concerning 
the importance of stopping Governor Sulzer from pursuing 
his graft investigations, the Glynn announcement was regarded 
as a particularly brazen one. As a matter of fact, the Hennessy 
investigation did stop soon after the impeachment on account 
of lack of money and the refusal of Tammany witnesses to 
appear before Mr. Hennessy. Norman E. Mack was asked to 
appear and give evidence relating to his participation in the 
collection of campaign funds. Mr. Mack at first said he would 
appear in Albany and subject himself to examination, but at 
the last minute hired Daniel J. Kenefick, a Buffalo lawyer, to 
write that he had discovered that Mr. Hennessy had no 
authority, since the governor had been impeached. Mack's 
reply was accompanied by a suit against Hennessy for slander. 

Duncan W. Peck, state superintendent of public works, was 
also summoned by Mr. Hennessy to tell what he knew about 
canal employees being held up for contributions to the cam- 
paign. Peck, doubtless taking his cue from Mr. Glynn's 
pronunciamento, likewise declmed to appear. 

All over the state indignation of the public over the im- 
peachment of Governor Sulzer was expressed in mass meetings 
and through the newspapers. In fact, resentment of the 
people was made plain throughout the country, the brazen 
and contemptuous act of a political boss in ordering an as- 
sembly to impeach a chief executive being without precedent 
in the history of the United States. 

Although the probability of impeachment had been dis- 
cussed in the newspapers for several weeks, the actual carrying 
out of the threat at Albany came as a thunderbolt out of a 
clear sky. 

** Bold and unprincipled as Murphy has proved himself to 



144 Tammany's Treason 

be, I don't believe he will go so far as to impeach Governor 
Sulzer," was a common remark heard among the people in 
their daily talk. 

The first protest meeting was held in Rochester August 15th, 
two days after the impeachment, and was attended by more 
than 5,000 people. Among the speakers were members of all 
political parties. Resolutions were adopted condemning the 
assembly for what it had done and speeches were delivered by 
George Herbert Smith, former republican assemblyman; 
George P. Decker, former counsel to the state conservation 
commission; and Thomas H. Armstrong, progressive. 

Similar meetings quickly followed in Schenectady, New 
York, Albany, Ticonderoga and other places. The New York 
meeting was held in historic Cooper Union. Rev. Canon 
William S. Chase of Brooklyn presided. The speakers were: 
Thomas M. Osborne, William S. Bennet, former congressman. 
Rev. Dr. Charles H. Parkhurst, Samuel Bell Thomas, L. B. 
Miller, editor of " Warheit," a Jewish daily newspaper; Rev. 
Dr. Madison C. Peters, Alexander Bacon and General Horatio 
King. 

Dr. Parkhurst, known as a valiant opponent of political 
vice in New York city during all his life, said: 

" We have reached a crisis in the history of our state. If 
the evil influences operating at Albany can throw out a legally 
elected governor because he is a barrier to their ambitions, 
they can throw out his successor if he should happen not to 
suit them. Made more than ever conscious of their power, 
they will go on using it with ever increasing arbitrariness of 
purpose and method. This is not a fight in the interests of 
the governor, but a fight against the polluted ambitions of 
the man who is trying to crush him. Profound as may be our 
respect and warm as may be our regard for Mr. Sulzer, and 
intense as may be our appreciation of what he means to the 
people and of what the people mean to him, the governor, 
nevertheless, is merely an incident, whatever he may have 
done or may not have done. The question is a bigger one. 
The question is whether this state is to be ruled by one man, 
and he a man that is bad from away back, a graduate from the 
bar-room, with no stock in trade but his immoral audacity 
and his ill-gotten gains ? That is the question that is up to 



Impeachment of Governor Sulzer 



145 



IMPEACHING SULZER 




rs^^c^'^j^'^. Mf 



From the Albany Knickerbocker Press 



146 Tammany's Treason 

the state and to us as its true and loyal citizens." (Prolonged 
applause and cheers.) 

Rev. Dr. Peters also stirred the great audience when he said: 

" Whatever may be Governor Sulzer's mistakes, all men, 
throughout the whole country, who are not professional poli- 
ticians, feel that no public official has ever shown higher courage 
and greater virtue than Mr. Sulzer has proved during the brief 
period of his incumbency, and everybody knows that the bitter- 
ness of the attacks upon him which have led to the impeach- 
ment proceedings have been in proportion to his political 
honesty and public virtue in the discharge of his duties. 

" William Sulzer has been an ' impossible governor,' to use 
Tammany's own words, because it has been impossible to use 
Sulzer as a rubber stamp and allow Murphy and his gang to 
longer loot the state of New York, and when the governor 
determined to destroy Tammany the boss saw no escape 
except to destroy the governor. And what is the high crime 
— he failed to return to a few admiring friends a small sum of 
money which had been privately sent to him for his personal 
use during the campaign. 

" Surely that must seem like a high crime and a misdemeanor 
to a leader of an assembly who can pull off five thousand 
dollars to get a bill through the legislature to pay eleven 
thousand dollars." 

From the date of the impeachment Governor Sulzer was 
placed under a vow by his lawyers not to speak for publica- 
tion. For a man who was accustomed to discuss through the 
newspapers his public affairs day after day, this pledge was 
an onerous one for him to make, especially when he knew he 
was being misrepresented and maligned. 

From the moment the impeachment articles had been deliv- 
ered to the senate on August 13th, the legal advisers of lieu- 
tenant governor Martin H. Glynn held that under the con- 
stitution he automatically became the acting governor. It 
was as stoutly held by Governor Sulzer's advisers that the 
constitution contemplated that an impeached executive 
should continue to perform the functions of governor until he 
had been convicted and removed from office. 

Governor Sulzer offered, under advice of counsel, to submit 
the question to the courts for adjudication. This offer was 



Impeachment of Governor Sulzer 



147 



THE GOVERNOR AND THE PRETENDER 



f^ot^ Trte People ! 



I 6oT l^Y 

'BoVs', l^URPHY! 
1 A/ANT THE Job" 




From the Albany Knickerbocker Press 



148 Tammany's Treason 

rejected by the lieutenant governor, who contended that there 
was nothing for the courts to pass upon, the constitution, 
according to his view, being clear on that point. 

" The entire matter," wrote Mr. Glynn, " is now in the 
highest court of the state — the court of impeachment — the 
most august body known to our system." 

To his intimate friends. Governor Sulzer frequently stated 
after his impeachment and before the trial that he knew 
enough of the character of Charles F. Murphy to feel sure 
that he would be removed. 

" Tammany controls two- thirds of the court," he said, 
" and it has already been decreed that I am to be ousted from 
office." 

Referring to the members of the court of appeals, the gov- 
ernor remarked that three of the ten members were dominated 
by Murphy and three by William Barnes, the republican boss. 
He believed that these six members were as incapable of doing 
him justice as the average Tammany senator. 



Impeachment of Governor Sulzer 149 

CHAPTER XXII 

The High Court of Impeachment Convenes 

During the month which intervened between impeachment 
by the assembly and the opening of the court of impeachment, 
the state senate chamber was transformed at an expense of 
about $2,500 to the state. The platform of the presiding 
officer was changed from the south to the west wall of the 
chamber and the seats moved to conform to the shift. Ad- 
ditional seats were placed in front of the chamber to accommo- 
date the judges of the court of appeals and on the southern 
side for the board of managers. 

Rigid rules were adopted to prevent easy access to the senate 
galleries and to the lobby. The force of doorkeepers and 
other employes adequately conformed to Tammany's idea of 
expending public money. 

It being the first time that a governor had been impeached 
in New York state, the forms of procedure caused considerable 
discussion before adoption. The court of appeals was made up 
of seven judges elected by the people. Under the constitu- 
tion the governor could appoint four justices from the supreme 
court to serve as associate judges when the amount of work 
warranted the addition. In 1913 there were three of these 
associate judges, making a total of ten members of the court. 

For a time one of the questions in controversy was whether 
these associate judges were eligible to sit in the court of im- 
peachment. It finally was decided by the court that they were 
eligible although there are constitutional lawyers who continue 
to contend that the contrary is true. 

One of the seven elected judges, John Clinton Gray, was 
absent in Europe at the time of the trial, hence nine judges 
were members of the court. 

Fifty-one senators composed the state senate, but at the 
time of Governor Sulzer's impeachment there were two vacan- 
cies. One was in the twenty-first district caused by the con- 
viction for extortion of Senator Stephen J. Stilwell. The other 
was in the twenty-sixth district due to the resignation of 



150 Tammany's Treason 

Senator Franklin D. Roosevelt to accept the office of assistant 
secretary of the navy. 

Senator John C. Fitzgerald of the twelfth district was ill 
during the trial and could not attend. This left forty-eight 
senators and nine judges to participate in the trial, making a 
total of fifty-seven members in the court. Two-thirds of that 
number, or thirty-eight, were necessary to convict the governor 
on any of the charges preferred against him by the assembly. 

When it is remembered that twenty-four of the twenty-nine 
democratic senators sitting in the court were controlled by 
Tammany, all of them following orders of the boss, the hope- 
lessness of the governor's friends that he had any chance of 
acquittal may be understood. Added to these were the machine 
republican senators who were in the habit of acting with Tam- 
many men when their votes were needed. There were sixteen 
republicans in the senate and at least ten of these were known 
to be bitterly and blindly partisan in their attitude toward 
Sulzer. 

The counsel on each side before the court were: for the 
board of managers: chief counsel, Alton B. Parker, former 
chief judge of the court of appeals; democratic candidate for 
president in 1904 against Theodore Roosevelt; law partner 
of William F. Sheehan, former lieutenant governor; permanent 
chairman of the state convention in 1912 which nominated 
Sulzer. 

John B. Stanchfield, democratic candidate for governor in 
1900; corporation lawyer and eminent reactionary in politics; 
distinguished himself as the Tammany orator at the demo- 
cratic national convention of 1912 at Baltimore, in a bitter 
attack on William J. Bryan. 

Edgar Truman Brackett, former state senator and republican 
leader in the senate; counsel for William Barnes in the senate 
investigation of Albany city and county affairs in 1911. 

Eugene Lamb Richards, Tammany state committeeman; 
counsel for the Frawley committee in digging up charges 
against Governor Sulzer. 

Isodor J. Kresel, former assistant district attorney in New 
York county under William T. Jerome, and given the name 
of the " ferret." 




Lawyers for Impeachment Managers 



From left to right Eugene Lamb Richards, Isodor J. Kresel, 
Edgar Truman Brackett, John B. Stanchfield 



Impeachment of Governor Sulzer 153 

Hiram J. Todd, law partner of Senator Brackett; and Hen- 
derson Peck, Troy. 

For Governor Sulzer: chief counsel, D-Cady Herrick, 
former justice of the supreme court, democratic candidate for 
governor in 1904; former district attorney of Albany county. 

Irving G. Vann, former associate judge of the court of appeals. 

Harvey D. Hinman, former state senator from Binghamton 
district; supporter of Governor Charles E. Hughes in his 
fight for direct primaries. 

Austin G. Fox, New York, special district attorney in the 
Lexow investigation of New York city affairs. 

Louis Marshall, New York, eminent constitutional lawyer. 

Judge James Gay Gordon, Philadelphia, Pa. 

Roger P. Clark, former district attorney of Broome county. 

Elihu Root, Jr., son of United States Senator Root. 

One of the first objections raised by Judge Herrick in behalf 
of Governor Sulzer was to the eligibility of certain members of 
the court. He specifically objected to members of the Frawley 
committee, Frawley, Ramsperger and Sanner, who had been 
engaged in collecting evidence against the governor, sitting as 
jurors in the case, as they had publicly expressed opinions on 
the subject. He also objected to Senator Wagner sitting in 
judgment on the ground that in case of the governor's removal 
he would succeed lieutenant governor Glynn to that office, a 
fact which would make him personally interested in the out- 
come of the trial. 

The court ruled that there was nothing in the constitution 
to prevent these senators from sitting and voting in the court. 
Presiding Judge Cullen, however, apparently believed that while 
there was no legal reason for the withdrawal of the senators, 
who had so often betrayed bias against the governor, there was 
a moral reason for their retirement, for he said: 

"// any member of the court feels that such action as he has 
previously taken in regard to the matters which are now to be tried, 
or his personal feelings towards the respondent, are such as to 
disqualify him, or to impair his ability to render a just and fair 
verdict, according to the oath which he has taken, he may now 
appeal to the court to be excused from sitting." 

This announcement by the presiding judge was intended to 
place the notoriously prejudiced members of the court or jury 



154 Tammany's Treason 

on honor, but it did not result in the withdrawal of a single 
member. Had the protested members been disqualified 
Governor Sulzer could not have been convicted. There would 
not have been the necessary thirty-eight votes to convict and 
remove him. 

Each of the fifty-seven members of the court had to take a 
solemn oath to try the accused governor without prejudice. 
It was when Senator Frawley stood up and raised his hand to 
swear he could do this that Judge Herrick raised the objection. 
While Judge Herrick was setting forth his reasons Frawley 
continued to hold his hand up and there was a buzz of excite- 
ment and interest throughout the chamber. The chairman of 
the investigating committee plainly showed nervousness as 
he waited for the ruling of the court. Remarks could be 
heard in the galleries : " That's the man we have heard so much 
about," and ''He's the Tammany man so much opposed to 
the governor." 

Louis Marshall delivered an exhaustive and scholarly argu- 
ment to show that all precedent was against the legislature acting 
at an extraordinary session on any subject not recommended 
by the governor in his message. He contended, therefore, 
that the assembly had no authority to impeach the governor. 
Mr. Marshall spoke for more than two hours. One part of 
his speech which attracted general attention was: 

"If such a procedure should be declared to be within the 
spirit of the constitution, the time may come when, as a result 
of momentary excitement, the rhetoric of a demagogue, or 
headlong passion, a bare majority of the assembly may be 
brought together by malign influences, for the very purpose 
of impeaching every member of the Court of Appeals and every 
justice of the Supreme court. 

" Under such circumstances chaos and anarchy would reign, 
and grim revolution would stalk throughout the state. This 
is not a mere figment of the imagination. 

"If the contentions of the managers in the present case 
were upheld, would it not, at such periods of storm and stress 
as are apt to arise in every decade of our history, seal the foun- 
tains of justice and paralyze the arm of the judiciary ? 

'\This is not a novel position from the standpoint of history. 
It is as old as tyranny; as ancient as lawlessness. Those who 




Senators Wagner and Frawley 



Senator Robert Wagner as a result of the removal of Sulzer became 
Lieutenant-Governor. Senator James J. Frawley asked for and received as a 
souvenir the pen that wrote the decision of the court that removed Sulzer. 



Impeachment of Governor Sulzer 157 

controlled the machinery of the star chamber in the days of 
the Tudors; those who issued letters to cachet in the reign 
of Louis XV; the mobs which in our own land have resorted 
to lynching have been actuated by a common abhorrence of 
legal procedure according to established principles, and have 
viewed the restraints of the written law and of elemental 
justice as technicalities. 

"And we have now, in our day, come to the task when an 
appeal to the supreme law — the constitution — which en- 
shrouds the self-imposed restraints of a free people, is likewise 
treated as a technicality whenever it is believed that it may 
wrest from immolation the victim of partisan fury or from con- 
fiscation the property of those against whom popular prejudice 
has been aroused. 

" To dismiss the articles of impeachment which have been 
presented to this tribunal for lack of jurisdiction would not be 
a triumph of technicality. It would be the victory of the con- 
stitution and of the law. It would be a vindication of that 
sacred instrument to which we all owe fealty." 

Judge Parker and Senator Brackett replied to Mr. Marshall 
their claim being that the prohibition of the constitution on 
the legislature at extraordinary sessions referred only to matters 
of legislation, and that as an impeaching body the assembly 
could meet at any time or place. 

By a vote of 51 to 1 the court decided that the assembly had 
the constitutional power to impeach at an extraordinary ses- 
sion even when not authorized by the governor to consider 
the subject. The dissenting vote was by Senator Gottfried 
H. Wende, of Buffalo, who, in casting his vote, said: 

"As I read the constitution, the assembly at some time had 
an absolute right of framing these articles of impeachment. 
That right existed up to the time that they took an adjournment 
sine die; and when they adopted the resolutions adjourning 
sine die they foreclosed their right to any question of im- 
peachment or to act upon anything else, if they were to be 
called together in extraordinary session, only such subjects as 
the governor would present. I therefore vote aye." 



158 Tammany's Treason 

CHAPTER XXIII 

Assembly Denounced for Usurpation 

The second vital question which the court of impeachment 
was asked to dispose of before hearing testimony was whether 
the constitution permitted it to try the governor on offenses 
alleged to have been committed prior to his inauguration. 

His counsel asked the court to dismiss the first, second and 
sixth articles of impeachment, which were: 

That he violated the penal statutes by the filing of a false state- 
ment of campaign expenses. 

That in swearing to this alleged false statement of campaign 
expenses he committed perjury, a specific liolation of the penal 
statutes. 

Thai he committed grand larceny by misappropriating to his 
OA)n purposes checks meant for campaign contributions. 

For hours the lawyers on both sides talked while most of 
the members of the court either lounged half asleep in their 
seats or walked up and down the lobby of the senate chamber 
paying no attention to the contentions of counsel on a subject 
so important to the accused governor. 

Those citizens of New York state who assume that the pro- 
ceedings of the court were as " dignified " and " solemn " as 
they frequently had them pictured should be disillusioned. 
Most of the members acted as if they did not care to hear any 
argument or testimony and had made up their minds long 
before the court assembled to " get that fellow," in the parlance 
of Tammany. 

Austin G. Fox, of counsel for the governor, in the course of 
his speech for dismissal of the three charges because they 
related to acts alleged to have been committed prior to the 
inauguration of Sulzer, said: 

" We do not appear here for William Sulzer. We have not 
reached that step yet. We are here to denounce the usurpa- 
tion of power by seVenty-nine members of the assembly, and 
if you do not stop it here who can tell what it will attempt to 
do next, when a hostile faction has control not only of a majority 
of the assembly but of this impeachment court ? 



Impeachment of Governor Sulzer 159 



THE COURT OF IMPEACHMENT 




From the Albany Knickerbocker Press 



160 Tammany's Treason 

"It was to be expected that, sooner or later, the popular 
branch of the legislature, acting in the heat of political ex- 
citement, or in subservience of some popular demand, or 
possibly, with a desire to gratify the personal enmity of some 
powerful political leader, might seek to overstep the well 
settled limitations of their lawful authority. 

" May not the time yet come when there will arise some 
political leader whose ascendancy will be so great and whose 
rancor will be so bitter that he may not only control a majority 
of the assembly, but, in some future senate, may find com- 
plaisant members in numbers sufficient to register his decrees, 
if we depart one jot from the fundamental doctrine that where 
there is no misconduct in office alleged the remedy by impeach- 
ment will not lie ? 

" It has been our experience in times past that political 
leaders once gained power not only to loot the treasuries of 
our state, but to invade our courts of justice." 

In his characteristically caustic style Senator Brackett 
replied to these contentions as follows: 

** He who deliberately fills out a false statement in Nov- 
ember is not fit for public office in January. He who commits 
larceny in October may not be entrusted with the responsibili- 
ties of high office three months later. 

" The world hates a liar, but it is not for lying that we ask 
the conviction of William Sulzer. 

" Shall it be said to students of our system of government 
that securing the highest office in the state purges of loath- 
some crime; that the way to avoid punishment for perjury is 
to be ejected to high office, and that such election retains the 
occupant in association with decent men of high place ? 

" When the members of the high court of last resort, sitting 
in and a part of this august tribunal, come to the courtesies of 
the next holiday season, must they feel that they are clasping 
hands with a perjurer and a thief, because the admitted perjury 
and larceny were committed fifteen minutes before 12 o'clock 
noon of January 1, 1913 ? " 

At the suggestion of Judge Cullen the question of whether 
the three articles should be admitted was deferred until after 
the testimony had been heard. 



Impeachment of Governor Sulzer 161 

Then came the calhng of witnesses, Jacob H. Schiff, New 
York city banker, being the first to testify. 

Mr. Schiff said he congratulated Governor Sulzer by letter 
upon his nomination, and soon after Governor Sulzer called 
upon him at his office, October 16, 1912. He to'd this story of 
the meeting: 

" Governor Sulzer came into my office and he discussed the 
general political situation. He said he was gratified that he 
was going to have my support. I asked him whether there 
was anything special I could do for him and he said, 'Are you 
going to contribute to my campaign fund ? ' 

" I said, ' Yes, I shall be willing to do so,' and he said, ' How 
much will you contribute ? ' I said, ' $2,500.' He replied, 
' Can you make it any more ? ' I then said to him, ' No, that 
is about as much as I care to give you.' Then he said, 'All 
right, please make your check to the order of Louis A. Sarecky.' 
I believe that is the name. That was the conversation I had 
with him." 

Mr. Kresel produced the canceled check and showed that 
across the face of it was written, " Mr. Schiff 's contribution 
towards William Sulzer 's campaign expenses." Mr. Schiff 
said he put that on there only to identify the check when he 
turned it over to the Frawley investigating committee, and 
meant the term " campaign expenses " to be general. 

The cross-examination of Mr. Schiff was conducted by Louis 
Marshall and was short and to the point, Mr. Marshall smiling 
at the answer to his question, " Did you intend that this 
should be used for any specific purpose ? " meaning the check 
for $2,500. 

The answer was: 

" When I used the expression ' campaign funds ' it was a 
very general expression. I certainly had no objection whatso- 
ever, and I think it was the general intent and purpose of the 
conversation that Governor Sulzer could use this $2,500 for 
whatever he would please." 

Henry Morgenthau, another witness, testified that he had 
contributed $1,000 to the governor without specifying that it 
was for any particular purpose. Mr. Morgenthau subse- 
quently testified that the governor had called him up by tele- 
phone at New York and asked him to be as easy as he could 



162 Tammany's Treason 

on him, if called as a witness, and Mr. Morgenthau replied 
that he would tell the truth, refusing to say the $1,000 was a 
personal gift. 

Richard Croker, Jr., son of the former boss of Tammany, 
said he gave Sulzer $2,000 to be used as he saw fit. 

Duncan W. Peck, re-appointed by Governor Sulzer at the 
beginning of the year as state superintendent of public works, 
the salary of which office is $8,000 a year, swore that while 
Mr. Sulzer was touring the state as a candidate for governor 
he handed him a $500 bill at Troy. Peck testified that he 
received a letter from the Frawley committee asking him to 
appear and testify, whereupon he went to see Governor Sulzer 
and asked him what he should do. 

" He said: ' Do as I shall; deny it,' " Mr. Peck swore. 

" But I suppose I will be under oath," Mr. Peck said he told 
the Governor, declaring that the Governor's answer was: 
" That's nothing, forget it." 

Governor Sulzer afterwards admitted he received the $500 
but denied that he had made any such statement attributed 
to him by Peck. 

Allan H. Ryan, son of Thomas F. Ryan, wealthy New York 
city financier, testified that Governor Sulzer had asked him 
for money after his nomination and that he had given him, 
through his secretary, I. V. McGlone, $10,000 in ten $1,000 
bills. He also swore that Governor Sulzer had asked him 
since the impeachment proceedings had begun to see Senator 
Elihu Root at Washington and endeavor to have him see 
William Barnes, the Republican state chairman, for the pur- 
pose of persuading the latter to request the republican state 
senators to vote that the impeachment was unconstitutional. 
Mr. Ryan said he refused to see Senator Root. 

Other witnesses were produced, who testified they had con- 
tributed money to the Sulzer campaign but the foregoing were 
considered the most important. 

Mr. Ryan, upon being recalled a day later, testified that when 
he refused to see Mr. Barnes the governor asked him to see 
Delancey Nicoll, a Tammany lawyer, and ask him to see 
Murphy and have him stop the impeachment proceedings and 
that he (the governor) " would do the right thing," Mr. 
Ryan said he went into the country and forgot all about 
Governor Sulzer's request. 



Impeachment of Governor Sulzer 163 

CHAPTER XXIV 

Sulzer Chafes Under the Ban of Silence 

Judge D-Cady Herrick, chief counsel for the governor, 
found it increasingly difficult during the progress of the trial 
to keep Governor Sulzer under restraint. From the beginning 
of the proceedings the governor contended that his lawyers 
should keep in mind that there were two courts before which 
he was being tried — " Murphy's court," as he styled it, and 
the court of public opinion. 

" The only chance I have to obtain justice," he argued, " is 
to let the people of the state know all about the motives and 
character of my accusers; why these impeachment proceedings 
were started and what these accusers hope to accomplish by 
my removal from office. Mr. Murphy's plan is to so narrow 
the taking of evidence that but little more than one side will 
be heard and nothing about the diabolical plot to conceal the 
crimes of men high in his organization." 

Consultations were held every night at the People's house 
by counsel for the governor and by his friends not connected 
with his legal advisers. The lawyers were divided as to the 
policy which should be pursued in the defense before the court. 
Judge Herrick enjoined strict silence upon the governor so 
far as the giving out of public statements was concerned. 

Among those who met at the mansion every night, in addition 
to the counsel, to discuss and advise, were: Alexander S. Bacon, 
Nathan B. Chadsey, Samuel Bell Thomas, Charles Henschell, 
Martin O'Brien, Wallace Hunter and William Liller. 

Senator Harvey D. Hinman and other advisers did not see 
any objection to the governor making public denial of certain 
assertions of witnesses on the stand and of otherwise appealing 
to the court of public opinion. Judge Herrick was reminded 
that the trial, although in a sense a legal proceeding, was also 
political in its character. 

Theodore Roosevelt wrote a letter to Governor Sulzer while 
the trial was in progress, urging him to take the public into his 
confidence. The governor prepared a statement for that 
purpose in the form of a reply to Mr. Roosevelt, containing 



164 , Tammany's Treason 

substantially what he gave out after the trial. It set forth 
his meetings with Charles F. Murphy and the threats that had 
been made unless he did the bidding of the boss. 

When this letter was shown to Judge Herrick for his approval 
he promptly vetoed the plan to have Mr. Roosevelt make it 
public upon its receipt. Colonel Roosevelt, therefore, was 
given the information privately and not permitted to give it 
out to the newspapers as at first had been contemplated by 
Governor Sulzer. 

This was a sore disappointment to the governor, who agreed 
heartily with Mr. Roosevelt that he should take the public 
into his confidence. Judge Herrick, however, had his way, 
threatening to withdraw from the case if his ideas were not 
carried out. 

There was also a difference of opinion as to whether Governor 
Sulzer should go on the witness stand and tell his own story. 
In preparation for that event. Senator Hinman and Roger P. 
Clark, night after night at the People's house, put Mr. Sulzer 
through long examinations, just as if he were on the witness 
stand. All that he said was taken by a stenographer and 
afterwards transcribed. He was not allowed to use this until 
after his removal from office. Some of his friends declared 
that if it had been made public during the trial it might have 
saved him. The statement is incorporated in full in Chapters 
IX and X of this book. 

As soon as he knew that Charles F. Murphy had decided to 
order his assembly to impeach him Governor Sulzer had a 
detectaphone installed at the People's house by the Burns 
detective agency. It was placed in a revolving bookcase in 
the first room to the left of the front entrance to the house 
which was used by Governor Sulzer as his office at the mansion. 
Close to the bookcase were two large leather chairs in either 
of which the person to be detectaphoned was placed, while 
an expert operator in another part of the building took down 
the conversation. Governor Sulzer, after the trial, made 
public an alleged conversation thus recorded between himself 
and John H. Delaney, commissioner of efficiency and economy, 
on the subject of the $25,000 declared to have been contributed 
by the late Axlthony N. Brady to the campaign fund. The 
story was that Samuel A. Beardsley, representative of Brady, 




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Impeachment of Governor Sulzer 167 

offered the money to Mr. Sulzer, who refused it, but said he 
would turn it over to Charles F. Murphy for the state cam- 
paign fund. Delaney is declared to have been the intermediary 
between Sulzer and Murphy on that occasion. In the detect- 
aphone report, Sulzer is shown to have informed Delaney 
that he would have to go on the stand and tell the truth about 
the contribution and that Delaney would probably have to 
also testify in court that he received the money and delivered 
it to Murphy. Delaney is quoted as dodging considerably, 
but, to the satisfaction of the governor, he admitted that the 
money had been delivered to Murphy. 

Mr. Murphy, while the New York city campaign was on, 
admitted he received the $25,000, but, much to the amuse- 
ment of the populace, insisted he had returned it to Mr. Brady. 

An effort was made to allow Mr. Beardsley to testify, in 
behalf of the governor, that he had been offered and refused 
this $25,000 but it was not permitted under the " laws of 
evidence." 

The same ruling prevented testimony from John A. Hennessy, 
Sulzer's special investigator, by whom it was proposed to be 
shown the motive of the attack on Governor Sulzer. Mr. 
Hennessy would have testified to what he found in some of the 
departments and the relation between his work and the ac- 
tivity of the Frawley committee. 

Governor Sulzer also wanted to show in court that he had 
been offered and refused amounts for his campaign aggregating 
$102,500. Included in this total was the $25,000 from Beards- 
ley, really from the electric power trust interested in the defeat 
of the Capitol district hydro-electric power bill ; $25,000 from 
the horse racing interests; $10,000 from the United States 
Steel Corporation; $10,000 from the New York Telephone 
Company; and similar sums from large corporations. No 
evidence of this kind was permitted in spite of the fact that 
the court heard daily of the amounts the governor accepted 
from friends who were not seeking legislation at Albany. 



168 Tammany's Treason 

CHAPTER XXV 

Summing Up and Removal 

Former Senator Harvey D. Hinman, of Binghamton, N. Y., 
made the opening address for Governor Sulzer after the board 
of managers had announced that they rested their case. His 
speech was the first before the court to refer strongly to the 
motives behind the attack on the governor and proved to be a 
refreshing departure from the strictly legal appeals bound to 
narrow lines by the rules of evidence. 

"In determining the questions before it, this court must 
necessarily take into consideration the question of public 
good," declared Mr. Hinman. "In case it finds the res- 
pondent guilty, it must determine whether he ought to be 
removed. That involves the motives which led to this im- 
peachment; that is, as to whether or not the proceeding and 
the result sought to be obtained are in the true interest of the 
public." 

Raising his voice, Mr. Hinman exclaimed dramatically: 

" The question must be, and is, was the respondent impeached 
because of ' mal and corrupt conduct in office,' or was he im- 
peached because of what he refused to do since he took office." 

It was the first time the court had to listen to the charge 
that the governor was being impeached because he insisted 
upon doing his duty, and every member was brought up at 
attention, almost breathless to catch the next words as Mr. 
Hinman went on : 

" Was the proceeding instituted because of a desire to ac- 
complish a public good or was it for the purpose of getting 
rid of a public official who was performing his duty ? 

" Was he impeached, as they say, for ' stealing ' the moneys 
which his friends gave him, or was it because he was preventing 
the grafters from stealing the moneys of the taxpayers ? 

" Was he impeached because, as they say, he made a false 
oath, or was it because he refused to violate his official oath 
of office. 

" These are some of the questions which the public are 
expecting this court to answer," he said. " Upon their answer, 



Impeachment of Governor Sulzer 



169 



we believe, depends quite largely the future welfare and inter- 
ests of the state. 

" We are living in strange days. There has never been a 
time within my recollection when there was such a spirit of 
unrest and uneasiness on the part of the people generally. 
The time is surely coming — indeed it may be near at hand — 
when we as a people must demonstrate whether our form of 




Aaron J. Levy 
Tammany Leader of the Assembly 
This picture was taken the next day after 
Boss Murphy "got Sulzer." 



government, with an almost unlimited elective franchise, can 
endure. We cannot escape the feeling that what is done here 
and now may have a tremendous influence on the determination 
of that question." 

Louis A. Sarecky, secretary to Governor Sulzer when the 
latter was a congressman and who had charge of his financial 
affairs during his campaign for governor, was the principal 
witness for the respondent. Mr. Sarecky, a young man 



170 Tammany's Treason 

twenty-seven years old, born in Odessa, Russia, assumed all 
blame for making up the statement of campaign expenses for 
Governor Sulzer; declared he had signed the governor's name 
on checks sent him for campaign expenses. In the presence 
of the court he signed the name " Wm. Sulzer " in a manner 
that proved his ability to imitate the governor's handwriting 
so that it could not be distinguished from the real signature 
except by experts. 

Sarecky was subjected to a searching cross-examination by 
John B. Stanchfield, but he bore up amazingly under it all, 
admitting that he had used money received during the cam- 
paign to settle obligations incurred by the governor without 
consulting him. 

Sarecky's testimony began on October 7 and was concluded 
on the 8th, On the 9th, Louis Marshall began the summing 
up in a speech which will be ranked among the great forensic 
efforts in the history of the American bar. 

Those who listened to his powerful appeal will long remember 
these words: 

"And now William Sulzer, who wrought all this, stands before 
you today, on trial for his very existence, charged with being 
a common criminal, and for what ? Not because while an 
incumbent of office he has been guilty of official corruption; 
not because he has taken one dollar of the people's money, or 
has enriched himself at their expense, or has received a bribe, 
or has done aught to injure the public weal; not because he has 
been guilty of treason, of a violation of the constitution, or 
of his oath of office ; not because he has neglected the perform- 
ance of his official duties, or has absented himself from the 
seat of government, or indicated, to the slightest degree, a 
lack of zeal for the public welfare. It is not charged that he 
was incompetent or ignorant, or incapable of performing the 
duties of his office, or that he has not been duly watchful of 
the interests which he has been sworn to guard. It is not 
charged that he has entered into a conspiracy with those who 
would loot the public treasury, or who would batten on contracts 
improvidehtly or corruptly drawn without safeguards to fore- 
stall adequately the possibility of fraud and collusion. The 
achievements of his administration, as they have passed before 
the eyes of the people, absolve him from all suspicion of guilt 



Impeachment of Governor Sulzer 171 

in regard to any of the offenses contained in the category of 
the usual form of official misconduct. 

"And yet the impeachment managers are now seeking to 
remove William Sulzer from the office which he has thus 
honorably filled, fifteen months before the expiration of the 
term for which he was elected. If Macaulay's celebrated 
New Zealander, or Montesquieu's famous Persian were now 
among us, we might well ask, why in this land of boasted 
liberty and freedom one deserving so well at the hands of his 
fellow men should be subjected to this awful degradation, and 
why the state which he has served so well should be involved 
in his ruin and disgrace. The only answer which could be 
vouchsafed to them is to be found in the articles of impeachment, 
which, as the record shows, were adopted at dawn on the fatal 
13th day of August, 1913, by the assembly of the state of New 
York, in less than thirty-six hours after the presentation of 
the reports of an investigating committee which the members 
of the assembly could not possibly have read or considered 
when they voted the adoption of these articles." 

Alton B. Parker followed in his summing up for the managers 
in which he held that all of the charges had been proved and 
he asked for removal of the governor. 

Judge Herrick concluded for the governor. It was a dignified 
and eloquent appeal for justice. One of the striking parts of 
his address was where he referred to the testimony of Duncan 
W. Peck and Allan H. Ryan who had accused the governor of 
attempting to unduly influence the court. Judge Herrick said: 

" Imagine yourself in his place. There are some things that 
a decent, manly man cannot do to save himself. Some things 
that a man of even low ethical standards cannot shield himself 
by. Some sacrifices of others that he cannot allow to be made, 
even at the risk of losing high position and being forever dis- 
qualified for political preferment and honors. Which would 
you do ? Run the risk of losing the empty honor of being 
governor — empty if held with dishonor — or lose the respect of 
every decent and honorable man in the whole United States 
by saving yourself at the expense of the honor and integrity of 
the one you are bound to love and protect. Imagine yourself, 
I say, in that position, with his experience, the political sur- 
roundings that he had been brought up in, the political ideals 



172 Tammany's Treason 

that he possessed, the political education that he had received 
in a school where it is supposed that political influence can reach 
not only into the courts, but even into the sanctuary of the 
church. Is it any wonder that, in desperation, he resorted to 
the methods best known to people brought up in such a political 
school; with such a political education, and endeavored to 
secure the influence of political leaders of both parties to have 
the impeachment articles brought by the assembly declared 
to be illegal for lack of j urisdiction as he had been informed 
and advised by high legal authority they were. 

"Is it any wonder that he preferred to risk his high position 
and all future political advances rather than subject himself 
to the scorn of every honorable man, and should resort to these 
methods, which you and I, and all right thinking men, con- 
sider dishonorable and regard as an imputation upon our 
courts of justice, that it should even be thought for a moment 
they could be reached by political or other influence ? " 

Senator Brackett delivered the last address for the mana- 
gers. It was characteristically bitter and unrelenting. He 
ridiculed the attempt of Senator Hinman to liken Sulzer to 
Saul as follows: 

" But the first of January comes, and from that moment 
he is a converted man; but, my brothers, there are some of 
us here to whom through the years the question of conversion 
has been very much before our eyes, and yet I cannot fail to 
remind you that the great church which stands today, as it 
has stood from the beginning, firm in the belief of a conversion 
from sin, that it yet demands repentance. Never yet, when you 
were standing behind the sacred desk, never yet have you 
permitted to join holy church, a man whom you did not believe 
in your heart had repented of his sins. Oh, but on the first of 
January, like Saul of Tarsus on his way to Damascus, there 
came a light, yet before that moment he was in gall of bitter- 
ness and bondage of sin, although prior to that time he had done 
nothing but serve the forces of evil, yet from the first day of 
January, when the light came to him, he became a consecrated 
man and devoted himself thenceforth to the service of God 
and humanity in the people's house. 

" Oh Saul ! Oh Saul ! Persecutor of the saints, but the 
greatest of the Apostles ! What foolishness has been attempted 



Impeachment of Governor Sulzer 173 

through the years because of that sudden conversion of yours 
on the way to Damascus ! There is many a man that tries to 
liken himself to Paul when the only likeness is to that of Saul. 
Saul saw a light, but he respected it. He repented of his sins, 
Saul, having seen the light, announced that from that moment 
he renounced the devil and all his works. 

" He did not go around trying to suborn perjury. When 
he got together the few Christians in the upper chamber, 
wherever he could get them, to preach the word, after his 
conversion, he did not whisper to one of them that if he was 
sworn he hoped they would be eas^^ on him. Before he opened 
the meeting with prayer, he didn't call one of them aside and 
see if he could send word to tamper with the court that was 
going to try him, and he finally won a glorious martyrdom by 
sincerity, and not by posing; by honest work, not by many 
professions; by doing the work and not being a rank hypocrite. 

" Can you imagine Paul telephoning to Gamaliel that he 
was " the same old Saul. And can't you make it more than 
$7,500?" 

After the speeches by counsel the court went into executive 
session to discuss the charges. Informal votes were taken on 
the various articles of impeachment. Notwithstanding the 
secrecy with which these sessions were supposed to be surround- 
ed the newspaper correspondents were able to predict what the 
votes were to be in the open session. 

The votes in the open session on the eight articles were: 

1. Filing a false statement of campaign contributions. 
Guilty, 39; not guilty, 18. 

2. Perjury, swearing this statement was true. Guilty, 39; 
not guilty, 18. 

3. Felony, trying to bribe witnesses to withhold testimony 
from Frawley legislative committee. Not guilty, unanimous. 

4. Misdemeanor, in attempting to suppress testimony by 
deceit, fraud and threats. Guilty, 43; not guilty, 14. 

5. Misdemeanor, in wilfully preventing a witness from ap- 
pearing before the Frawley legislative committee. Not 
guilty, unanimous. 

6. Larceny, in converting campaign contributions to his 
private use. Not guilty, unanimous. 



174 Tammany's Treason 

7. Corrupt use of office in attempting to influence the vote 
and actions of public officers. Not guilty, unanimous. 

8. Using his authority or influence as governor in affecting 
the price of securities on the stock exchange. Not guilty, 
unanimous. 

Shall the Governor be removed from office ? 
Yes, 43; no, 12. 

Shall William Sulzer be disqualified from again holding 
office ? 
No, unanimous. 

It will be observed that the vote on article one was close, 
39 to 18. If the governor had two more votes he could have 
been acquitted on this charge of falsifying his campaign 
statement regarded as the most serious one of all. The vote 
on this article was: 

GUILTY — 39. Judges Frederick Collin, Elmira; William 
H. Cuddeback, Buffalo; John W. Hogan, Syracuse (demo- 
crats); Frank H. Hiscock, Syracuse; Nathan L. Miller, 
Cortland (republicans) . 

Senators George A. Blauvelt, Monsey, Rockland county 
John J. Boylan, Manhattan; Daniel J. Carroll, Brooklyn 
William B. Carswell, Brooklyn; Thomas H. Cullen, Brooklyn 
James A. Foley, Manhattan; James J. Frawley, Manhattan 
Anthony J. Griffin, Manhattan; John F. Healy, New Rochelle 
William J. Heffernan, Brooklyn; James D. McClelland, Man 
hattan; John F. Malone, Buffalo; John F, Murtaugh, Elmira 
Bernard M. Patton, Queens; Henry W. Pollock, Manhattan 
Samuel J. Ramsperger, Buffalo; Felix J. Sanner, Kings 
George W. Simpson, Manhattan; C. D. Sullivan, Manhattan 
Herman H. Torborg, Kings; Henry P. Velte, Brooklyn 
Robert F. Wagner, Manhattan; Loren H. White, Delanson, 
Schenectady county (democrats). 

Senators George F. Argetsinger, Rochester; Elon R. Brown, 
Watertown; Thomas H. Bussey, Perry, Wyoming county; 
Herbert P. Coats, Saranac Lake; Frank M. Godfrey, Olean; 
Charles J. Hewitt, Locke, Cayuga county; William L. Ormrod, 
Church ville, Monroe county; Henry M. Sage, Albany; George 
F. Thompson, Middleport, Niagara county; Henry J. Walters, 
Syracuse; Thomas B. Wilson, Hull, Ontario county (republi- 
cans). 



Impeachment of Governor Sulzer 175 

NOT GUILTY— 18. Chief Judge Edgar M. Cullen, Brook- 
lyn, and Judge Willard Bartlett, Brooklyn (democrats); 
Judge Emory A. Chase, Catskill, and Judge William E. Wer- 
ner, Rochester (republicans). 

Senators James F. Duhamel, Brooklyn (independence league 
and democrat); Walter R. Herrick, Manhattan; John W. 
McKnight, Rensselaer; Thomas H. O'Keefe, Oyster Bay; 
William D. Peckham, Utica; John Seeley, Steuben county; 
Gottfried H. Wende, Bufifalo; Clayton L. Wheeler, Hancock, 
Delaware county (democrats). 

Senators James A. Emerson, Warrensburg; Seth G. Hea- 
cock, Ilion; Abraham J. Palmer, Milton, Ulster county; 
John B. Stivers, Middletown; Ralph W. Thomas, Hamilton, 
Madison county, and George H. Whitney, Mechanic ville, 
Saratoga county (republicans). 

ABSENT— Judge John Clinton Gray, Manhattan (democrat) 
and Senator John C. Fitzgerald, Manhattan (democrat). 

After the court had voted to convict on three of the articles 
and the other five been dismissed for lack of evidence, the final 
vote was on the question of whether the governor should be 
removed from office. It was as follows: 



HOW THE HIGH COURT STOOD ON VOTE TO 
REMOVE SULZER 

FOR REMOVAL 

Judges of the Court of Appeals 

Bartlett, Judge Willard, Democrat; Brooklyn. 
Chase, Judge Emory, Republican; Catskill. 
Collin, Judge Frederick, Democrat; Elmira. 
CuDDEBACK, JUDGE WiLLiAM H., Democrat; Buffalo. 
HiscocK, Judge Frank H., Republican; Syracuse. 
HoGAN, Judge John W., Democrat; Syracuse. 
Miller, Judge Nathan L., Republican; Cortland. 
Werner, Judge William E., Republican; Rochester. 



176 Tammany's Treason 

Senators 

Argetsinger, George H., Republican, lawyer; Rochester, 
Monroe county. 

Blauvelt, George A., Democrat, lawyer; Monsey, Rich- 
mond-Rockland district. 

Boylan, John J., Democrat, real estate; Manhattan. 

Brown, Elon R., Republican, lawyer; Watertown, Jefferson 
and Oswego district. 

BussEY, Thomas H., Republican, manufacturer; Perry, Alle- 
gany-Wyoming-Genesee district. 

Carroll, Daniel J., Democrat, manufacturer; Brooklyn. 

Carswell, William B., Democrat; lawyer; Brooklyn. 

Coats, Herbert P., Republican, lawyer; Saranac Lake, 
Franklin- St. Lawrence district. 

Cullen, Thomas H., Democrat, insurance; Brooklyn. 

Foley, James, Democrat, lawyer; Manhattan. 

Frawley, James J., Democrat, contractor; Manhattan. 

Godfrey, Frank N., Republican, farmer; Cattaraugus- 
Chautauqua district. 

Griffin, Anthony J., Democrat, lawyer; Manhattan. 

Healy, John F., Democrat, manufacturer; New Rochelle, 
Westchester county. 

Heffernan, William J., Democrat, retired; Brooklyn. 

Hewitt, Charles J., Republican, coal and lumber dealer; 
Lock No. 40, Cayuga- Seneca-Cortland district. 

Herrick, Walter R., Democrat, lawyer; Manhattan. 

McClelland, James D., Democrat, lawyer; Manhattan. 

Malone, John F., Democrat, casualty agent; Buffalo, Erie 
district. 

MuRTAUGH, John F., Democrat, lawyer; Elmira, Chemung- 
Schuyler- Tompkins-Tioga district. 

Ormrod, William L., Republican, lawyer; Churchville, 
Monroe district. 

Patten, Bernard M., Democrat, real estate; Queens. 

Pollock, Henry W., Democrat, lawyer; Manhattan. 

Ramsperger, Samuel J., Democrat, bookkeeper; Buffalo- 
Erie district. 

Sage, Henry M., Republican, real estate; Menands, Albany 
district. 

Sanner, Felix J., Democrat, real estate; Brooklyn. 



Impeachment of Governor Sulzer 177 

Simpson, George W., Democrat, lawyer; Manhattan. 

Sullivan, C. D., Democrat, real estate; Manhattan. 

Thompson, George F., Republican, lawyer; Middleport 
Orleans-Niagara district. 

Torborg, Herman H., Democrat, lawyer; Brooklyn. 

Velte, Henry P., Democrat, lawyer; Brooklyn. 

Wagner, Robert F., Democrat, lawyer; Manhattan. 

Walters, J. Henry, Republican, lawyer; Syracuse, Onon- 
daga district. 

White, Loren H., Democrat, insurance; Delanson, Schenec- 
tady district. 

Wilson, Thomas B., farmer; Hull- Wayne-Ontario- Yates 
district. 

AGAINST REMOVAL 

Senators 

Duhamel, James F., Independence League, patent lawyer- 
Brooklyn. ' 

Emerson, James A., Republican, banker; Warrensburg, 
Clinton-Essex- Warren district. 

Heacock, Seth G., Republican, oil producer; Ilion, Fulton- 
Hamilton-Lewis-Herkimer district. 

Mcknight, John W., Democrat, railroading; Castleton 
Rensselaer district. * 

O'Keefe, Thomas H., Democrat, retired; Oyster Bay, Suffolk- 
Nassau district. 

Palmer, Abraham J., Progressive, fruit dealer; Milton 
Ulster-Greene district. 

Peckham, William D., Democrat, physician; Utica, Oneida 
district. 

Seeley, John, Democrat, physician; Woodhull, Steuben 
district. 

Stivers, John B., Republican, editor; Middletown, Orange- 
Sullivan district. 

Thomas, Ralph W., Republican, lawyer; Hamilton, Otsego- 
Madison-Chenango district. 

Wheeler, Clayton L., Democrat, plumber; Hancock 
Delaware-Broome district. 

Whitney, George H., Republican, druggist; Mechanicville 
Saratoga district. 



178 Tammany's Treason 

Excused from voting — Chief Judge Edgar M. Cullen, 

Democrat, Brooklyn; Senator Gottfried A. Wende, 

Democrat, Erie. 
Absentees — Senator Fitzgerald, Democrat, New York; ill 

health. 
Judge John Clinton Gray, absent in Europe. 
Membership of Senate — Democrats, 30; Republicans, 16; 

Progressives, 1; Independence League, 1. Total, 48. 
Membership of Court of Appeals — Democrats, 5; Republicans, 

4. Total, 9. 

Grand total vote of court, 57. 

When the clerk announced the vote was forty-three to 
twelve, with two not voting. President Judge Cullen, in a low 
voice, made this announcement: 

" The respondent, William Sulzer, having been convicted 
by the vote of more than two-thirds of the members of this 
court on the first, second and fourth articles of impeachment, 
and the court having resolved that for the offense of which he 
has been convicted the respondent be removed from office, it 
is the judgment of the court and it is now the duty of the presi- 
dent to declare that for those offenses the said William Sulzer, 
governor of the state, be and he hereby is removed from his 
said office as governor." 

The presiding judge's announcement was made at exactly 
11:55 o'clock a. m., on Friday, October 17, 1913. 

Governor Sulzer's removal came after he had served 290 
days of the term of two years for which he had been elected. 

There was joy among the senators, especially the Tammany 
men, as they voted to convict and remove the man whom they 
so much feared. There was a spirit of levity among these 
members of the senate noticeable to all beholders. 

To Patrick E. McCabe, clerk of the senate, credited with 
firing the first broadside against the governor in June leading 
to his impeachment, fell the rare pleasure of writing out, by 
his own hand, the formal notice of removal to be served on 
Governor Sulzer. It was brief and was as follows: 

" The assembly of the state of New York, having hereto- 
fore, to wit, on the 13th day of August, nineteen hundred and 
thirteen, presented to the senate of said state articles of im- 



Impeachment of Governor Sulzer 



179 



peachment against William Sulzer, governor of said state, and 
the president of the senate having in accordance with law 
summoned the senators and the judges of the court of appeals 
of said state to meet as a court for the trial of impeachments 
on the eighteenth day of September, nineteen hundred and 
thirteen, and the said court having convened on said day and 
the said William Sulzer, governor of said state, having ap- 




Patrick Edgar McCabe 

With the order of the High Court of Im- 
peachment removing WilHam Sulzer 
from office 



peared thereat by counsel and having filed his answer to said 
articles of impeachment, and the impeachment having been 
tried, and the court having by the vote of a majority of more 
than two-thirds in number, convicted the said respondent of 
the charges contained in the first, second and fourth articles 
of impeachment, and the court having resolved that for the 
offenses of which he had been convicted the said William 
Sulzer be removed from his office as governor; 
"// is hereby declared and adjudged that the said William 



180 Tammany's Treason 

Sulzer be and hereby is removed from the office of governor of the 
state of New York." 

The scene of vindictiveness was further heightened by the 
spectacle of Senator James J. Frawley standing by Mr. McCabe 
and asking with triumph in his voice for the pen with which 
the document had been written as a souvenir. 

Thus ended an impeachment trial which will go down into 
history as a farce and a tragedy. It was a farce because at least 
three members of this so-called " high court of impeachment " — 
JAMES J. FRAWLEY, FELIX J. SANNER and SAM- 
UEL J. RAMSPERGER— sought the evidence, heard the 
testimony in the notorious Frawley committee, publicly and pri- 
vately expressed their convictions, and then sat in what was termed 
the " highest court in the land." 

It was a tragedy because of the precedent it established, 
whereby a partisan assembly, controlled by special interests, 
may at any time constitute itself a mob and remove high 
officials, executive or judicial, regularly chosen by the people. 



Impeachment of Governor Sulzer 181 

CHAPTER XXVI 
Sulzer Says His Removal was a Political Lynching 

At the People's House Governor Sulzer had been expecting 
for several days to hear that the court of impeachment had 
voted to remove him from office. During the trial and for 
some time prior to the convening of the court he had not been 
to the executive chamber at the capitol. His intimate friends 
rallied around him during all the trying period to offer him 
sympathy and assistance. 

Chester C. Piatt, his private secretary, was the first to 
notify the governor of the action of the court. Mr. Sulzer 
did not show any emotion but merely heard what Mr. Piatt 
had to say and continued to walk up and down the room on 
the second floor of the mansion with his hands clasped behind 
his back. 

Surprise was expressed by some of the governor's friends 
that the court, after having gone so far, had not also voted 
forever to disqualify him from holding office. 

Later in the day the deposed governor by appointment met 
the newspaper correspondents and issued to them a statement. 

" By virtue of a power," he said, " beyond the present 
control of our electorate, I now hand back to the people the 
commission they gave me, and I hand it back to them untar- 
nished and unsullied." 

Referring to the last statement he had made to the public 
September 14, in which he had expressed a belief he would 
have a fair trial Mr. Sulzer said: 

" I did not think Senator Wagner, Senator Frawley, Sen- 
ator Ramsperger, Senator Sanner, Senator Brown, Senator 
Blauvelt, and Senator Thompson would act as my jurors and 
judges, as they were either interested personally in the out- 
come of my trial, or had acted as my prosecutors and con- 
demned me before trial, or on account of personal griev- 
ances had expressed an opinion as to my guilt. The impro- 
priety of these senators voting for my conviction must be 
apparent, and vitiates the judgment, because had they refused 
to vote — as a sense of decency should have induced them to 



182 Tammany's Treason 

do — I would not have been convicted on any one of the articles 
of impeachment. 

"My trial, from beginning to end, so far as the Tammanyized 
part of the court was concerned — was a farce; a political lynching', 
the consummation of a deep-laid political conspiracy to oust me 
from office. I am glad it is all over. I am tired of being calum- 
niated; tired of being hunted and hounded; tired of trying to 
do my duty and being traduced. 

" The court ruled in everything against me, and ruled out 
everything in my favor. The well-settled rules of evidence 
were thrown to the winds. A horse thief, in frontier days, 
would have received a squarer deal. 

" Mr. Murphy controlled the assembly, and ordered the 
impeachment. He controlled most of the members of the 
court, and dictated its procedure, and wrote the judgment. 
He was the judge and the jury; the prosecutor and the bailiff. 

" The meetings of the court were in secret, and behind 
closed doors. It was a star-chamber proceeding, where the 
enemies of the state could work for my conviction undiscovered. 

' They called it the high court of impeachment, but history 
will call it ' Murphy's High Court of Infamy.' The trial was 
a human shambles; a libel on law; a flagrant abuse of consti- 
tutional rights; a disgrace to our civilization; and the verdict 
overturned the safeguards of liberty, and the precedents of 
three centuries. The judgment will not stand the test of time. 
The future historian will do me justice, and posterity will 
reverse the findings of the court." 

Mr. Sulzer said he had been anxious to take the witness 
stand in his own behalf to refute the Peck testimony, to 
explain what Morgenthau had said against him and to dis- 
prove the charges made by Allan Ryan, but that his lawyers 
had advised against it because under the rulings of the court 
excluding testimony by John A. Hennessy and other witnesses 
in his behalf it was clear that his own story on the stand would 
also be ruled out as inadmissable. 

Mr. Sulzer said he was heavily in debt and speaking of the 
changes that he had used his candidacy for governor to make 
money he said: 

" Had I wanted to make money out of my campaign for 
governor, I certainly would not have rejected, as I did, offers 



Impeachment of Governor Sulzer 183 

of donations from several citizens of upwards of $100,000 — 
and borrowed the money I did from Reilly, and Meany, and 
several others. The court ruled out all testimony concerning 
sums of money offered to me by Judge Beardsley and others, 
and which I declined, at the time, to accept, for £ood and 
sufficient reasons. 

" I want to thank Judge Cullen and the members of the 
court who voted for my vindication; the able lawyers who 
stood by me and gave me wise counsel, and the friends of good 
government throughout the state whose belief in my honesty, 
and whose faith in the rectitude of my intentions never 
wavered." 

" The three things that led up to my removal were my fight for 
direct primaries, the graft investigations and not the least by any 
means my signing of the full crew bill which gave me the enmity 
of the great railroad corporations'' 

Note — For memorandum approving full crew bill — the man above the dollar — see index 



184 Tammany's Treason 

CHAPTER XXVII 

Deposed Governor Greeted as a Hero 

At just 11.55 o'clock Friday morning, October 17th, 1913, 
by the big, hand carved clock in the senate chamber, presiding 
Judge Edgar M. Cullen of the high court of impeachment 
announced that Governor Sulzer " is hereby removed from 
office." 

Five minutes later the impeachment court adjourned sine 
die, its work having been completed in one month and one 
day. 

The verdict of the court had hardly been pronounced when 
plans were under way for a public demonstration to be tendered 
to the deposed governor. At eight o'clock that same night, 
a meeting was held at the Ten Eyck hotel and the follow- 
ing were chosen as a committee to make arrangements: 
Jay W. Forrest, chairman; Henry L. Kessler, vice-chairman; 
John D. Chism, secretary; F. H. Bryant, treasurer; William 
Hough, Martin O'Brien, William M. Hacker, William J. T. 
Hogan, Anthony Flanigan, George A. Harrig, Robert S. Ross, 
M. Lincoln, George Clapham, S. Pearson, Aaron V. Dodge, 
Charles Schessler, Ben A. Henschel, J. P. McGarrahan, J. H. 
Haskell, Dr. M. L. Rowe, Andrew Shannon, Michael Gillooly, 
John J. Evers, Zenas P. Burns, Benjamin Lodge, William S. 
Kelly, Charles Holle, Patrick J. Powers, Eugene J. Kennedy, 
Patrick F. Ryan, Charles Grace, William Happ, George R. 
Happ, George B. Lidsy, John F. Hanify, Frank Graves, 
Francis Willard, Emil Kovarik and Chester C. Piatt. 

It was the intention of the committee to meet at the Ten 
Eyck hotel at eight o'clock the following night (Saturday, 
October 18th, 1913), and with about two hundred citizens 
march over to the Executive mansion and present to Governor 
Sulzer a loving cup with the confidence and esteem of the 
citizens of Albany. 

The next morning it seemed from the numerous inquiries 
that there would be more than was originally planned who 
desired to join in the demonstration, so a band was secured. 
It commenced to rain at about six o'clock and continued to 



Impeachment of Governor Sulzer 185 

pour all evening, but notwithstanding, when the word was 
given to start for the mansion, over three thousand men carry- 
ing umbrellas fell into line. Through the rain and mud they 
marched down South Pearl Street and up Madison Avenue 
toward the mansion, at every corner and all along the line of 
march men fell in behind and joined the procession so that by 
the time the Executive Mansion was reached there were between 
eight and ten thousand people in line. They filled the Execu- 
tive Mansion, the spacious grounds and the surrounding 
streets, and amid the lurid flame of red fire, the hissing of 
fireworks, the air was rent with cheer upon cheer. It seemed 
as if all Albany was there to pay homage — not to an incoming 
governor, but to a governor who had been removed because 
he would not do the bidding of Tammany Hall. Far into the 
night the line that seemed to be endless crowded forward to 
shake the hand of the deposed governor. After the presenta- 
tion of the loving cup, which was inscribed as follows: 

PRESENTED 

TO 

HON. WILLIAM SULZER 

BY 

THE CITIZENS OF ALBANY 

IN LOVING REMEMBRANCE OF DUTIES 

WELL PERFORMED 



A MARTYR TO THE CAUSE OF HONEST 

GOVERNMENT 

OCTOBER 18TH, 1913 

Governor Sulzer thanked the citizens in a few well chosen 
words, but this would not do, the air was filled with cries of 
" speech, speech, we want Sulzer," and in answer to the calls 
that would not cease Governor Sulzer stepped out on the porch 
facing the grounds of the mansion. As the tall form appeared 
in view he was greeted with cheer upon cheer, the down- 
pouring rain had no effect, they were there to let him know 
that the findings of Murphy's court of infamy did not represent 



186 Tammany's Treason 

the feelings of the citizens of Albany. When the governor 
could make himself heard he spoke as follows: 

" My friends, this is a stormy night. It is certainly very 
good of you to come here to bid Mrs. Sulzer and me goodbye. 
(A voice: ' You will come back, Bill, in one year.' ) 

" You know why we are going away. (A voice: ' Because 
you were too honest to let them get away with it.' ) 

" You know the people elected me the governor. (A voice: 
' You bet your life, and we will do it next fall.' ) by the largest 
plurality ever given a candidate for governor in the history 
of the state. Of course, I appreciated that, and I made up 
my mind when I took the oath of office I would be true to the 
people, and show my appreciation of their confidence in me, 
and what they had done for me, by serving them fearlessly 
and honestly and faithfully. (Cheers.) 

I have done it. My conscience is clear, and tells me truly 
that I have done no wrong; but my whole duty, bravely and 
honestly, day in and day out, to all the people of the state, as 
God gave me the light to see the right. (Cheers.) 

"A combination of political conspirators removed me from 
the office the people gave me, because I was after the grafters, 
and was sending them to prison for robbing the taxpayers. 
(Cheers.) 

" They say they impeached me for taking my own money. 
(Laughter.) I impeach the criminal conspirators, these looters 
and grafters, for stealing the taxpayers money and that is 
what I never did. (Cheers.) 

"It is a long lane that has no turn. My day will come 
again. From Murphy's high court of infamy, I appeal to 
that higher court — the court of public opinion. (A voice: 
* You have got to do it.' ) 

" Let those who have failed take courage; 

Tho' the enemy seems to have won, 
Tho' the ranks are strong, if he be in the wrong 

The battle is not yet done; 
For, sure as the morning follows 

The darkest hour of the night. 
No question is ever settled 

Until it is settled right." 

" I know, just as sure as I am standing here, that the court 
of public opinion before long will reverse the judgment of 



Impeachment of Governor Sulzer 187 

Murphy's court of infamy. (Cheers.) Posterity will do me 
justice. Time sets all things right. I shall be patient 

" Tammany Hall can take away the office the people gave 
me but Tammany Hall cannot take away my manhood 
(Cheers) my self-respect; my determination to fight on for 
the rights of the people, and for honest government, in the 
future just as I have fought for these things in the past. 

" I thank you one and all from the bottom of my heart 
and assure you that I shall never forget your abiding con- 
fidence in me, and your unwavering loyalty to our cause in 
coming out on this stormy night to say farewell to Governor 
Sulzer. (Cheers.) 

" Let us say farewell to Governor Sulzer, and never forget 
that he was not the governor long, but while he was governor 
he was THE GOVERNOR and not a rubber stamp." (Loud 
cheers.) 

The New York newspapers in commenting upon the demon- 
stration the following Sunday morning, October 19th 1913 
said : 

" It was an eye-opener for the machines. It was more liKe 
an ovation to a returning war hero." And the Albany Knicker- 
bocker Press on Monday morning, October 20th, said- "The 
enthusiastic and surprising demonstration of affection accorded 
Governor Sulzer by thousands of Albany citizens during the 
rain storm of Saturday night is still being talked of every- 
where. All agree that such a popular expression of feeling 
seldom has been shown." 

Sunday afternoon Governor Sulzer and Jay W. Forrest went 
for an automobile ride. It was during this ride that the ques- 
tion of whether he should accept the nomination which the 
progressive party of the sixth assembly district of the City of 
New York, which it had been intimated a committee was to 
tender to him the following day, was discussed. 

Mr. Forrest strongly urged the governor to accept the nomin- 
ation and while he did not say in so many words that he would 
do so, he did ask Mr. Forrest to be present at the Executive 
Mansion the next morning and meet with him the committee 
which was to tender such nomination. 

On Monday morning, October 20th, the committee repre- 
senting the progressive party arrived at the Executive Mansion 



188 Tammany's Treason 

and the following went into conference on the question as to 
whether the governor should accept the nomination for mem- 
ber of assembly from the sixth district of the City of New 
York: Governor and Mrs. Sulzer, Jay W. Forrest, Rev. 
Albert Bruchlos, spokesman for the committee, Max Steindler, 
progressive candidate for alderman from the sixth district, 
and Mr. Lawrence, the gentleman who had been nominated 
for member of assembly by the progressives, and whose with- 
drawal made way for the nomination by the committee to 
fill the vacancies of William Sulzer for said office. 

After a long discussion, the committee returned to New York 
to meet at the law office of Governor William Sulzer at 115 
Broadway, New York city, at five o'clock that afternoon, to 
arrange for the nomination of Sulzer that evening. 

That evening Governor Sulzer in company with Mr. Forrest 
received the reports of the convention over the long distance 
telephone at the Executive Mansion. As the news came over 
the wire of the wonderful enthusiasm shown over his nomina- 
tion, the governor walked the floor, seeming to forget his sur- 
roundings as he planned the fight to be made in New York. 
Murphy's high court of infamy had removed him without the 
law, he was now actively in the fight to remove Murphy 
within the law. 

Arrangements were made for the return to New York on 
the following day, Tuesday, October 21st. The demonstra- 
tion of the Saturday evening was potent in the coming fight — 
it gave to William Sulzer the knowledge that the people were 
up in arms against the methods used to remove him from 
office. The eight or ten thousand citizens of Albany gave 
him the courage to accept the nomination and the fight to 
dethrone King Murphy was on. 



Impeachment of Governor Sulzer 189 

CHAPTER XXVIII 

Sulzer Nominated and Elected to Assembly 

Tuesday night, October 21st, will long live in the memory 
of those who were at the Grand Central station when William 
Sulzer and wife arrived from Albany. Fifty thousand people 
were there to welcome the man who had been cast out of office 
by the orders of Tammany Hall. It was a mad scene of waving 
hats and hands — it was an ovation which few men have ac- 
corded them. It was a triumphal procession from the station 
down through the East Side of New York to the Broadway 
Central hotel. Napoleon, the conquering hero on his return 
to Paris was never accorded a more popular demonstration. 
History in New York has never seen its like. A continuous 
ovation befitting a monarch tendered to the man who but a 
few hours before had been removed from the office of governor 
of the Empire state of the Union. 

The man who had been cast out had come back and the 
people, irrespective of party and not so much for the man as 
for the principle involved, were ready to vindicate their 
fitness for self-government by showing to the world their 
resentment against boss-rule. From the moment William 
Sulzer arrived in New York city, there was no doubt what 
the people would do to Tammany Hall the day they had a 
chance to vote. 

Headquarters were opened at the Broadway Central hotel 
and the active work of the campaign was started. Men flocked 
there to offer their services. From far away Texas, Judge 
Moore would come to speak against Tammany. From every 
state in the Union letters poured in wishing God speed. 

Wednesday night the writer, in company with Judge Martin 
O'Brien, of New York, Anthony Flanigan of Albany, Wallace 
B. Hunter of Troy, Henry Kessler, Wm. J. T. Hogan and Rabbi 
Levison of Albany in company with William Sulzer opened 
the campaign in the sixth assembly district. As the auto- 
mobiles swung into Avenue C, thousands upon thousands, and 
then more thousands, fell in behind the machines. It was all 
the police could do to keep the crowds back to let the ma- 



190 Tammany's Treason 

chines creep along. The cry, " We want Sulzer! We want 
Sulzer! Sulzer! Sulzer! We want Sulzer! " became louder and 
louder as thousands upon thousands took up the cry. " Roll 
thunder, roll. Ware, Chief! Ware !" that cry was the doom of 
Tammany Hall. It spelled the political death of every man who 
had participated in Murphy's court of infamy. The inspector 
of police, who was standing on the running board of the machine 
putting his hand on the shoulder of the writer, said, " My 
God, turn around and look at that crowd! " As far as the 
eye could see from house to house the street was jammed with 
a living mass of humanity. Just then the machines passed 
under a banner inscribed "Aaron J. Levy." Never to my 
dying day shall I forget that noise of bitter contempt. It 
was as if the submerged snarl or growl of the entire beastly 
world was let loose at once. The man does not live who can 
take pen in hand and describe that growl. It seemed to come 
from the throats of thousands who had from centuries of 
oppression recourse only to the snarl of the lion in captivity. 
Bosses may come and bosses may go, but the liberty of this 
republic will never perish with the consent of the men of the 
East side of New York. If there are any people in this country 
who are more against the tyrannical oppression of the political 
system which creates the master class of bosses than the Jew 
of the East side, I have yet to meet them. The Jew knows 
what oppression in any form means. He has had centuries 
of experience. He came to this country to escape the system, 
not to help establish one. 

The first meeting was held in Hennington Hall. Upon 
arriving at the hall it was a case of fight your way in, sur- 
rounded by policemen to hold back the crowds. The scene 
at this hall was the same as at all other meetings. If there 
were any chairs or seats you could not see them. If there was 
an aisle you would not know it. If there was a law against 
over-capacity it could not be enforced. As you looked from 
the stage all you could see was a packed, jammed humanity, 
you might wonder at how you got into the hall, but your 
heart would almost stop beating when you thought how you 
were going to get out. We left Sulzer on the outside to make 
a speech while we went inside to speak. How Sulzer was to 
get into that hall was the question that was running through 



Impeachment of Governor Sulzer 191 



DOOMED! 




From the Albany Knickerbocker Press 



192 Tammany's Treason 

my mind. Could it be done? While thinking along this line 
of a sudden a yell goes up, " Here comes Sulzer," and over the 
sea of heads could be seen policemen pushing their way through 
that mass of humanity. On they came pushing, crowding, 
clearing foot room for Sulzer. In course of time they reached 
the platform and as Sulzer^r stood up, in the language of the 
west, " Hell broke loose for twenty minutes." The ki yi of 
the west has nothing on the hurrah of the East side. 

Presently you could hear a pin drop as the long arms of 
Sulzer waved for silence. William Sulzer, the veteran of many 
campaigns, is again speaking in a voice that rings clear and 
cold as steel. He is not on the defensive. He is the ag- 
gressor. Now he is speaking to his people and they listen. 

Mr. Sulzer said: " I am going back to Albany for the good 
that I can do." 

" In view of the pleadings of life-long friends, and the re- 
quest in writing from more than half of the registered voters 
in the sixth assembly district, regardless of party affiliations, 
begging me to accept the nomination for member of assembly, 
to further the cause of honest government, I have consented 
to accept the nomination and go back to Albany, as a member 
of the assembly, for the good that I can do. 

" Of course, I appreciate the confidence in me of some of 
my old neighbors and constituents, and no words of mine can 
tell how grateful I am for their support and unwavering 
loyalty. 

" I am a non-partisan candidate, having no axe to grind, and 
no motive, or purpose, other than to do what I can for the 
cause of good government, the struggle for which at Albany 
brought about my removal from the governorship by an arro- 
gant boss whose dictates to do wrong I defied. 

" I shall go back to the legislature, as the representative of 
the plain people, to aid the cause that lacks assistance; to 
fight the wrongs that need resistance; for the future in the 
distance, and the good that I can do. 

Murphy's High Court. 

" Mr. Murphy controlled the assembly, and ordered my 
impeachment. He controlled most of the members of his 



Impeachment of Governor Sulzer 



193 



THE DELUGE 




From the Albany Knickerbocker Press 



194 Tammany's Treason 

high court, and dictated its procedure and the judgment. He 
was the judge and the jury, the prosecutor and the bailiff. 

" They called it the high court of impeachment, but history 
will call it the Murphy high court of infamy. The trial was a 
human shambles; a libel on law; a flagrant abuse of consti- 
tutional rights; a disgrace to our civilization; and the veridct 
overturned the safeguards of liberty and the precedents of 
three centuries. 

" The judgment will not stand the test of time. The future 
historian will do me justice. 

The Court of Public Opinion. 

" There is a higher court than Murphy's — the court of 
public opinion. I have appealed from Murphy's court of 
political passion to the calmer judgment of posterity, and the 
sober reflection of public opinion. 

" When I refused to obey the orders of the boss to stop the 
investigations of Blake and Hennessy, and clog the wheels of 
the machinery of justice, which I set in motion to prevent the 
further looting of the state, Mr. Murphy threatened me with 
degradation and removal from office. 

" From that day to this, all that money, all that power, all 
that influence can do to disgrace me and destroy me has been 
done. 

" However, I am in the fight for good government; in the 
fight to stay to the end; and the forces of righteousness will 
prevail over the forces of iniquity. 

" However the battle is not ended. 

Though proudly the victor comes, 
With fluttering flags and prancing nags, 

And echoing roll of drums; 
Still truth proclaims this motto, j 

On letters of living light, 
No question is ever settled 

Until it is settled right." 

" Now, another thing. The ' chief ' and his wax figures in 
the Murphy high court said that my campaign statement last 
year was erroneous. It was testified on the trial, and not 
contradicted, that I did not make up that campaign statement; 
that I did not read it; that I asked if it was correct; that I 
was told it was as correct as it could be made; and that then 



Impeachment of Governor Sulzer 195 

I signed it. That is all I had to do with it, and I have not seen 
the statement from that day to this. 

" Mr. Murphy knew more about my campaign statement 
than I did, because the men he had planted in my office from 
the time I was nominated until I went to Albany knew every- 
thing that was going on and kept Mr. Murphy advised. 

" They say Mr. Murphy took a leading part in making up 
the statement last fall of the democratic state committee. I 
want to ask him if the statement of the democratic state com- 
mittee is correct. He knows all about it. Let him tell us if 
that is correct. 

Murphy Offered to Destroy Campaign Statement 

" I have notified the secretary of state not to let that cam- 
paign statement get out of his office. Mr. Murphy threatened 
me about my campaign statement, and intimated that it would 
disappear from the files of the secretary of state, if I would 
take ' orders.' Of course I refused to be a party to such an 
iniquity. Knowing what I do I hope the campaign statement 
of the democratic state committee will not disappear from the 
official files of the secretary of state. At all events, I have a 
certified copy, and I hope others interested will get a certified 
copy. They say Mr. Murphy put the names of a lot of dum- 
mies in that statement as contributors who never contributed 
a dollar. How about that, Mr. Murphy? 

" Tight Wad Plunkett " Dummy Contributor 

"Among those names, as contributors to the democratic 
state committee is the name of one George W. Plunkett, for 
the sum of $5,000. This is ' Tight Wad ' Plunkett, otherwise 
known as ' Honest Graft ' Plunkett. I am advised he did not 
contribute a dollar. Why was his name put on the statement 
of the state committee for $5,000? They tell me ' Tight Wad ' 
Plunkett would not give $5 to save the democratic party from 
the demnition bow wows. If he did contribute this money let 
Plunkett say so, and tell where he got it. Has he a receipt 
for it? Did he pay it in cash or by check? Can he produce 
the check? Will his bank account show that he drew the money 



196 Tammany's Treason 

out in cash? Let Plunkett tell about it. I see he is getting 
his name in the newspapers. Let Murphy tell about it. 
Plunkett and Murphy know. This is only one case. There 
are others. 

" How preposterous it is for Murphy to remove me from 
the governorship because the men the boss had around me 
made up an erroneous statement of my campaign funds, while 
the statement he and his lieutenants made for the democratic 
state committee is ten times more incorrect. What a farce it 
all is! Does boss Murphy expect to get away with it ? Does 
the boss think the people have lost their senses, and will vote 
for Mr. Murphy's yellow dog ticket when Murphy removed 
from office the governor the people elected ? 

Removed From Office Because He Would Not 
Do Wrong 

" The people know that my removal from office by Mr. 
Murphy was because I would not do wrong; because I would 
not do what Mr. Murphy wanted me to do; because I would 
not be a Murphy tool; because I refused to be a party to the 
looting of the state. 

" The voters will answer Mr. Murphy on election day. 
They will tell the boss what they think of him. The best way 
the voters can express their indignation of my removal from 
office, and their desire for honesty in city and state affairs, is 
to vote against every candidate on the Tammany hall ticket 
from mayor to alderman in every borough in greater New 
York. That is the way to beat the ' chief.' 

Murphyism Must Go 

" Murphyism must go or our free institutions are doomed. 
No man, and no official, can serve Murphy and the people; 
the * chief ' and the city; if he is true to Murphy, he must be 
false to duty; he cannot be loyal to one without betraying the 
Other. 

" The way to beat the ' boss ' is to beat the ticket of the 
' boss.' The Murphy ticket should be defeated in the interest 
of good government, and for the general welfare. 



Impeachment of Governor Sulzer 197 

The Brady $25,000 

Mr. Murphy has taken several days to answer my charges 
about the Brady $25,000 which I refused from Judge Beardsley, 
and which Judge Beardsley gave to Mr. Murphy, and which 
the ' chief ' never accounted for. 

" Mr. Murphy calls on a dead man to prove that he returned 
this money. He says he gave it back to Anthony N. Brady, 
but Brady is dead and he can't corroborate Murphy. Was 
anybody with them when the money was paid back ? Beards- 
ley took the money to Murphy in bills. 

" Why didn't Murphy give the money back to Beardsley ? 
Were there any witnesses present, so that Judge Beardsley can 
feel sure that the money he gave Murphy was turned back to 
Brady ? Will Judge Beardsley take Murphy's word for it ? 
Why don't you ask Judge Beardsley what he thinks of Murphy's 
story ? It is to laugh. 

" Everybody knows that Brady and Murphy were not on 
speaking terms. Let Murphy make an affidavit that he paid 
the money back to Brady, stating the circumstances of the 
payment in detail. 

" Let Murphy make his affidavit, too, that he did not get 
Allan Ryan's $10,000. If he did not get the Ryan $10,000, 
who kept it, and where does he think it went ? Has somebody 
in Murphy's confidence been robbing him ? But I know that 
Murphy received Allan Ryan's $10,000, because he admitted 
it. So it is now too late to lie about it. 

" Will Mr. Murphy be good enough to give the name of the 
lawyer who prepared his statement ? Mr. Murphy could not 
do it. Who did ? The people should know. If you believe 
what Murphy says you must believe that he is not in politics 
as a trade. 

"Anybody who believes that Murphy is not a broker in pub- 
lic offices may possibly believe that Murphy did not send 
McCall to me begging for offices. 

" Judge McCall, of Tammany Hall, is trying hard to show 
that he was not a messenger for the chief. 

" I would like to tell you a story about this, but I can't tell 
it because it would violate confidence. 

" If Ed McCall will release me and others from the obliga- 
tion of confidence the whole story will be told, and it will show 



198 Tammany's Treason 

that when Charles F. Murphy picked McCall for mayor he 
chose a man he can trust to take his orders and do anything 
the ' chief ' tells him. 

" Mr. Murphy is rattled; he knows his ticket is beaten; his 
statement is feeble, and it is all too bad for Tammany. 

" Mr. Murphy wants us to believe that he was turning away 
money. That will make the braves laugh. I have asked 
Mr. Murphy to tell us where he got his fortune, said to be 
$15,000,000. He dare not answer. How do you suppose he 
grew rich if he refused money that came his way ? But every- 
body believes the ' chief ' got the Brady and Ryan money. 

I know it — and there are others who know it. 

" You can rob the people for years; you can fool the people 
for years; you can outrage the people without letting them 
know it for years ; but when the people find out how they have 
been plundered; how they have been fooled; how they have 
been outraged, their wrath is terrible. 

" Murphy himself, drunk with power and blind with hate, 
has engineered his own undoing. 

" Now, Mr. Murphy, I ask you again: 

" First, Mr. Murphy, they say you made $15,000,000 since 
you became the leader of Tammany Hall. Where did you get 
it? 

" Second, Mr. Murphy, what did you do with the $25,000 
Mr. Brady offered me through his counsel, Samuel A. Beards- 
ley, which I refus'ed to accept, and which you took ? 

" Do not say you returned it to Mr. Brady. He is dead and 
cannot call you a liar, and besides, you and Brady did not 
speak. You know why. So do I. Just tell us why you did 
not give it back to Judge Beardsley, or what you did with it. 
I know, and if you do not tell the truth about it I will. 

" Third, Mr. Murphy, what did you do with the $10,000 
Allan Ryan sent me, and which I sent to you, and which you 
admitted to me you received ? 

" Do not lie about it and make it appear that your bagman 
kept it. I would not do that. It will hurt you with the other 
bagmen. Look out for your bagmen. If they get rattled like 
you they may squeal — and what a story of graft they could tell. 

Fourth, Mr. Murphy, who put the name of George W. 
Plunkitt on the campaign statement last fall of the demo- 



Impeachment of Governor Sulzer 



199 



FEAR HATH TORMENT" 




From the Albany Knickerbocker Press 



200 Tammany's Treason 

cratic state committee, as a contributor for $5,000 ? Did 
Plunkitt give the money or was he a dummy ? 

" Fifth, Mr. Murphy, who promised Stilwell, if he would 
hold his tongue, a light sentence; then a stay of proceedings; 
then a pardon when I was removed from office, and who did 
not keep either of these promises ? 

" Mr. Murphy, when you answer truthfully these five 
questions it is my purpose to ask you five more — and I know — 
and you know I know." 

And so it was from hall to hall, from park to square, it was 
all the same, five and six meetings a night. 

There was gloom in Tammany Hall. Dark, thick gloom. 
Defeat stared the chief in the face. By impeaching a gover- 
nor elected by the people, they are about to lose an empire, 
the richest in the world. 

Tammany Hall, founded by Aaron Burr, and set going upon 
its mission heavenward or hellward according to the point of 
view, when it impeached the governor, boxed the compass. 
And now it is to be impeached by the court of public opinion 
and removed from office. 

It was a mistake to impeach Sulzer. Yes, but it is too late 
now, the people are about to act, they are about to impeach 
Tammany Hall, not because of the personality of William Sul- 
zer, not primarily on account of Sulzer, but because they want 
to demonstrate to the chief of Tammany Hall and all bosses 
who place their will above that of the people that they, the 
people of this, the Empire state of the Union, are fit for self- 
government. 

Tammany may plan and scheme. Election day approaches 
slow but sure, the people's court is about to render judgment. 
At last here is a court which does not obey the edict of Del- 
monico's. 

The newspapers on that August morning, when the assembly 
over the telephone had carried out the edict of the Chief, 
reported Charles F. Murphy as smiling. There is no smile on 
this morning. " You make me laugh," said Sir Hudson Lowe 
to the exile on the rocks of St. Helena. But the time came 
when he did not smile. Charles F. Murphy smiled, the time 
has come when the smile has disappeared. 

Mitchell carries the city of Greater New York by 121,000 



Impeachment of Governor Sulzer 



201 



majority, electing the entire fusion ticket. There is no smile 
on the face of the chief. William Sulzer defeats his republican 
opponent by a vote of three to one. He also defeats Silver- 
stein his democratic opponent, by a vote of three to one. 
Silverstein voted to impeach Sulzer. Of the seventy-nine 
assemblymen who voted to impeach Sulzer only seventeen 
were able to crawl back. A democratic majority of twenty- 
eight reduced to a minority of forty-six out of one hundred 
and fifty. Where there were five progressives there are now 
twenty-four. The chief has lost his smile. William Sulzer 
goes back to Albany, and the work of investigation will not 
stop. 

The year 1913 will live in the history of New York state. 
The history of the year 1914 is yet to be written. This book 
began with William Sulzer 's nomination and his inauguration 
on January 1st, 1913, as governor of the state, the story ends 
with William Sulzer, assemblyman from the sixth assembly 
district of the city of New York, January 1st, 1914. 




202 Tammany's Treason 



CONCLUSION 

The story of William Sulzer has been finished. He was 
educated and brought up politically under the environment of 
Tammany hall. He played the game according to the accepted 
standards. In so far as he stood for the principle involved, 
ninety per cent, of the people were with him. Sulzer the man 
might be the greatest egotist the world has ever known. He 
might have smashed all the finer moral codes in his ambitious 
scramble for power. He might have been insincere to friend 
and foe. He might have believed in the end justifying the 
means. All that has been said about him may be admitted 
as true and the result is the same. The people of the state 
have not rallied to the support of Sulzer personally. It has 
been a far greater issue than the question of Sulzer. The 
people of the state can forget Sulzer, but they cannot forget 
that the power that removed Sulzer might be used to remove 
another Hughes. 

The fight for popular government will go on. Sulzer has 
played his part and his race may be run, but the great living 
issues pulsating with the life-blood of humanity will go on and 
on until a brighter, cleaner day arrives in our political life. 

Invisible government has had its day, the people at last are 
awake to the fact that ballots are only respectable when they 
represent convictions. The day is forever past when men will 
blindly go to the polls to register the wishes of a political boss 
under the threat of regularity. The time has arrived when 
the people demand that every creed and every champion of a 
creed must halt at the frontier of their intellectual approval 
before they shall be allowed to advance. Progress is the watch- 
word of humanity and he who would attempt to stop the wheels 
of progress is doomed to defeat. The night has been long, 
sometimes it has seemed as if the day would never come, but 
at last the lances of the morning light shine through the clouds. 
The ideals of democracy are coming to the front. The old 
regime is passing away. The people demand social justice, 
economic freedom and political liberty. Thieves have been 
rioting in the rich rewards of treason, but by the living God 



Impeachment of Governor Sulzer 203 

they have gone too far, the sleeping commonwealth leaps to 
Its feet to sleep no more until it has run the rascals out 

Sulzer has played his part. His future is within his own 
keepmg. But no matter what point of view may be taken of 
the man himself, he has acted his part and it has shown the 
people the dangers with which they are beset. 

" God give us men! A time like this demands 

Strong minds, great hearts, true faith, and ready hands 

Men whom the lusts of office do not kill; 

Men whom the spoils of office cannot buy; 

Men who possess opinions and a will; 

Men who have honor— men who will not lie; 

Men who can stand before a demagogue. 

And face his treacherous flatteries without winking; 

Tall men, sun-crowned, who live above the fog. 

In public duty, and in private thinking; 

For while the rabble, with their thumb-worn creeds, 

Their large professions and their little deeds, 

Mingle in selfish strife. Lo! Goodness weeps. 

Wrong rules the land, and waiting JUSTICE s'leeps " 




The Capitol 




The Executive Chamber — Capitol 



APPENDIX 



The great s(T)eal of the empire state 




From the Albany Knickerbocker Press 



EXTRACT FROM ARGUMENT 

OF Hon. Harvey D. Hinman of Counsel for Governor 

William Sulzer 

While we have no doubt concerning the correctness of our 
contention that under all precedents and under the law, the 
respondent cannot properly or legally be impeached for acts 
done while a private citizen 
and outside of his office, as 
governor, we have no right, 
of course, to anticipate what 
the action of this court is to 
be on that proposition. 

If this court were finally 
to decide against the respond- 
dent on the question whether 
acts done as a private citizen 
and before entering office are 
impeachable offenses, and 
were to find the respondent 
guilty by a two-thirds' vote 
on any one of the articles, it 
would then pass to the sec- 
ond question, which is "Shall 
the respondent be removed 
from office ? " 

In considering and deter- 
mining that question, what 

factors or elements are to be considered ? Our position on that 
question is that the welfare and best interests of the state and 
of its people must be the main consideration; that what the 
respondent was or was not, and what he did or did not do 
before he became governor, is of minor importance. The 
great question would then be, what has he done and what has 
he failed to do, what has he tried to do and what has he tried 
not to do, as governor ? Did he as a private citizen before he 
became governor do anything for which he should be removed 
from office ? 

If his administration on the whole has been in the interest 




210 Tammany's Treason 

of the people of state — if what he has done and has been at- 
tempting to do as governor has been in accordance with the 
solemn promise which he made when he took his official oath 
of office — if what he has done and attempted to do is to rid the 
governmental departments of the state of graft and grafters 
(if graft and grafters exist) — if the public welfare will be pro- 
moted by a continuance of the investigations which he had 
instituted and which were in progress before his impeachment, 
and which have been suspended during and because of his im- 
peachment, and which will, in all probability, not be resumed 
if he be found guilty and be removed — then surely he ought not 
to be impeached and ought not to be removed from office 
because of any acts done by him before January 1, 1913, 
whether they be acts of omission of or commission. 

Saul and his friends were engaged for years in the work of 
persecuting and killing off Christians. On one of his trips to 
Ephesus he saw the light. From that day on he divorced 
himself from his former friends and faithfully discharged the 
duties of discipleship. From that day on his former friends 
became his enemies and his persecutors, but they did not at- 
tempt to impeach him or his epistles because of what he had 
done while acting with them and while one of them. When, 
in the nineteenth centuries, has voice been raised to condemn 
Paul or his epistles for his acts as Saul ? 

In determining the questions before it, this court must neces- 
sarily take into consideration the question of the public good. 
In case it finds the respondent guilty, it must determine 
whether he ought to be removed. That involves the motives 
which led to this impeachment, that is, as to whether or not 
the proceeding and the result sought to be obtained are in the 
true interest of the public. 

The question must be, and is, was the respondent impeached 
because of " mal and corrupt conduct in office," for crimes 
and misdemeanors; or was he impeached because of what he 
refused to do since he took office ? 

Was the proceeding instituted because of a desire to accom- 
plish a public good or was it for the purpose of getting rid of a 
public official who was performing his duty ? Was the res- 
pondent impeached because, as they say, for " mal and corrupt 
conduct in office." or because of honest conduct in office ? 



Impeachment of Governor Sulzer 211 

Was he impeached, as they say, for " stealing " the moneys 
which his friends gave him, or was it because he was preventing 
grafters from steaHng the moneys of the taxpayers ? Was he 
impeached because, as they say, he made a false oath, or was it 
because he refused to violate his official oath of office ? 

These are some of the questions which the public are ex- 
pecting this court to answer, and which this court, under the 
questions to be voted upon, will have to answer. Upon their 
answer, we believe, depends quite largely the future welfare 
and interests of the state. 

In all that we have done and in all that we shall do in this 
case, we have endeavored to assist the court to the best of our 
ability in arriving at a just and right conclusion of this matter. 

We are living in strange days. There has never been a 
time within my recollection when there was such a spirit of 
unrest and uneasiness on the part of the people generally. 
The time is surely coming — indeed, it may be near at hand — 
when we as a people must demonstrate whether our form of 
government, with an almost unlimited elective franchise, can 
endure. We cannot escape the feeling that what is done here 
and now may have a tremendous influence on the determination 
of that question. 

We consider it of the utmost importance that what is done 
here and now should not only be well and rightly done, but 
that it should be done in such a manner as to convince the 
people of the state that it has been so done. 



212 



Tammany's Treason 



Hon. Louis Marshall, of Counsel for Governor Wil- 
lAM Sulzer, in Summing Up, Said: 

"Are the impeachment managers in earnest ? Are they 
treating the court with the degree of candor which one may 
expect in such a case as this ? If they are, then it is a demon- 
stration that, in their at- 
tempt to destroy the gover- 
nor, they have lost all sense 
of proportion; that they con- 
sider everything grist which 
comes to their mill ; and that 
they evince a disposition to 
accomplish their ends by 
hook or by crook, by pan- 
dering to every prejudice, by 
casting forth a dragnet in 
the hope that something may 
be found which will enable 
them to disable and disarm 
the governor whom they de- 
liberately set out to make 
harmless when they discov- 
ered that it was his purpose 
to be the governor of the 
state, and to assert his inde- 
pendence in that high office." 
Mr. Marshall's address was regarded as a brilliant portrayal 
of the entire case, showing numerous precedents set by high 
courts by which the impeachment court should be guided. 
Mr, Marshall took up every one of the eight articles, carefully 
analyzed the charges, the evidence which had been submitted 
by the prosecution, and showed on how little fact the prose- 
cution had based its " house of cards," as he termed it. 




Wins Attention Instantly 

" We are on the threshold of an event which will make a 
permanent impression upon the history of our beloved state, 



Impeachment of Governor Sulzer 213 

which will entail consequences far beyond our ken; which will 
determine whether or not the reign of law has ceased, and that 
of passion and prejudice begun," asserted Mr. Marshall in 
opening. 

He had the attention of the court instantly. Every eye was 
upon him; every ear trained to catch his words. Famed as a 
constitutional lawyer, an effective orator, Mr. Marshall had 
no difficulty in keeping his hearers at attention during his 
entire argument. 

" While the duty which rests upon counsel cannot be too 
greatly emphasized, that which rests upon this court is infinitely 
greater," he asserted. " For while it is given to counsel but 
to present arguments, it is for the court to decide, to adjudge, 
to create a precedent which will inevitably and irrevocably 
declare the policy of this state with regard to the permanency 
of its institutions and the independence of those who make up 
the sum total of its official life. 

" The picture which is now unfolded before the vision of 
the civilized world is almost unique in the experience of man- 
kind. The governor of the greatest state in the union, who 
was elected less than one year ago by an unprecedented 
majority, is upon trial before a court which is composed of 
the judges of the court of appeals and the senators, on an 
impeachment which charges him with the commission of various 
acts, which, it is asserted, entitle the complainants to a judg- 
ment of forfeiture of that office and which will place an ever- 
lasting stigma upon his name, and upon the honored office to 
which he was thus triumphantly chosen by the suffrage of his 
fellow citizens, amid loud acclaim. 

Who is This Respondent ? 

" Who is this respondent, who has thus been placed, as it 
were, in the prisoners 'dock, against whom there is asked to be 
pronounced the everlasting doom of infamy and shame, who is 
sought to be driven out of the office to which he was exalted 
but a few short months ago, and to be forever deprived of the 
right to hold public office and to serve the state. 

" It is William Sulzer, who has just passed his fiftieth 
birthday, which was celebrated by those who stood highest in 
the civic and political life of the state, with congratulations 



214 Tammany's Treason 

and rejoicing, and occasion when even some of those who are 
now serving as impeachment managers indulged in loud 
sounding praises of him, and were among the foremost to do 
him honor." 

The political history of Governor Sulzer was related by Mr. 
Marshall. He told of the good done by Mr. Sulzer while in 
the New York state legislature, of the progressive legislation 
he fathered in congress, of the attempt he has made to clean 
the grafters out of public life in this state since becoming 
governor, and the reforms he has worked in state departments. 

" The eyes of the people were opened, as they never had been 
before, to abuses and evils which cried to heaven for correction 
and redress," declared Mr. Marshall. 

"And now," he went on, " William Sulzer, who wrought all 
this, stands before you today, on trial for his very existence, 
charged with being a common criminal. 

The Charges Analyzed 

" It is not charged that he was incompetent or ignorant, or 
incapable of performing the duties of his office, or that he has 
not been duly watchful of the interests which he has been 
sworn to guard. It is not charged that he has entered into a 
conspiracy with those who would loot the public treasury, or 
who would fatten on contracts improvidently or corruptly 
drawn without safeguards to forestall adequately the possi- 
bility of fraud and collusion. The achievements of his ad- 
ministration, as they have passed before the eyes of the people, 
absolve him from all suspicion of guilt in regard to any of the 
offenses contained in the category of the usual form of official 
misconduct. 

" These charges are eight in number. Six of them prac- 
tically centre around a report filed by the respondent in the 
office of the secretary of state shortly after the election of 1912. 
The remainder, the seventh and eighth, relate to other matters 
and are practically negligible as has been admirably shown in 
the opening address of Senator Hinman on behalf of the res- 
pondent. Because of this report the impeachment managers 
have made the state to reverberate with all the volume of 
vociferation that would have been directed against a Benedict 
Arnold or an Aaron Burr, against one guilty of ' treasons, 
stratagems and spoils.' 



Impeachment of Governor Sulzer 215 

" The entire penal law has been ransacked for epithets and 
characterizations. A veritable Newgate calendar has been 
evolved out of that single act. Article one makes it a violation 
of the corrupt practices act. The kaleidoscope is shaken, and 
article two converts it into a charge of perjury. Article three 
makes it bribery. Article four, the suppression of evidence 
in violation of section 814 of the penal law. Article fifth, the 
preventing and dissuading a witness from attending under a 
subpoena, in violation of section 2441 of the penal law. Article 
six, larceny, in violation of sections 1290 and 1294 of the penal 
law. Certainly the ingenuity of trained prosecutors, provided 
with microscopical eyes that see bad in everything and behold 
everywhere the microbe of crime, has been strained to the 
utmost." 

The Case in Detail 

Taking up the first of the impeachment articles, alleging the 
filing of a false statement of Governor Sulzer's campaign ex- 
penses, Mr. Marshall said that no full statement of contribu- 
tions made to a candidate was required. The statutes provide 
a remedy for violation of such requirement as the law does make, 
which remedy is the compulsion to file a true and complete 
statement of expenditures. Where a statutory remedy is 
provided for an offense, that remedy is exclusive and no other 
can be applied. 

Of the second article, that relating to perjury in signing the 
affidavit accompanying the statement of expenses, Mr. Marshall 
declared that the oath which Governor Sulzer took was a 
voluntary and extra-judicial oath, not required by law, and 
that under the law no perjury charge could be based upon a 
misstatement in such an oath. There was no criminal intent, 
he said, and he recited Sarecky's story of his preparation of 
the statement with such data as he could recollect, of taking 
it to Sulzer with the assurance that it was " as good as he could 
do," and of Sulzer's signing it upon that assurance without 
examining it or paying any attention to it. It was a mistake, 
an inadvertency, perhaps. Mr. Marshall contended, but it 
was not done with the intent to commit a felony. Further, the 
legislature never intended to declare the submission of a de- 
fective or incomplete statement of this nature perjury, for it 



216 Tammany's Treason 

specifically denominated a lapse of the kind a misdemeanor 
and provided for it a comparatively trivial punishment. 

Turning to article six, charging grand larceny in appropria- 
ting money given to Sulzer during his campaign, Mr. Marshall 
declared that the money was given to Sulzer, not stolen by 
him. Larceny, he showed, must be an invasion of ownership, 
a seizure of property rights belonging to another. No such 
element is charged in regard to the money given to Sulzer. 
It cannot be supposed that he held this money in a fiduciary 
capacity, because if the status were fiduciary it would neces- 
sarily follow that those who gave it must have expected it to 
be returned, which is not true. Neither did he have it in the 
capacity of an agent or trustee. For whom was he trustee, 
Mr. Marshall asked. Further, the same man cannot be both 
trustee and beneficiary, under the law and under common 
sense. He was the beneficiary; therefore he was not the trus- 
tee, and the money was his. More important than all, how- 
ever, on the question of the alleged theft of this money, there 
was no felonious intent in regard to his use of it, and Mr. 
Marshall quoted at length from a recent decision of the court 
of appeals, reading opinions of Chief Judge Cullen, Judge Gray, 
Judge Werner and Judge Hiscock, to show that felonious 
intent must be proved before a larceny charge can stand. 
However ill advised Sulzer might have been, Mr. Marshall 
concluded, the suspicion of criminality in connection with his 
use of the money given to him during his campaign does 
violence to credulity and common sense. He cited the cases 
of Daniel Webster and William McKinley in this connection, 
both of whom were improvident and heavily in debt and both 
of whom were dependent largely upon gifts of money made to 
them by their admirers, unconditionally and for their personal 
use and support. 

The Bribery Charge 

Turning to article three, charging the bribery of witnesses 
and naming Melville B. Fuller, Frederick Col well and Louis A. 
Sarecky, Mr. Marshall demonstrated that the testimony of 
Fuller made it clear that Governor Sulzer had said nothing 
whatever to him about not appearing before the investigators. 
Of Col well nothing appears in the evidence save that John 



Impeachment of Governor Sulzer 217 

Boyd Gray said he heard Colwell say he was going to Albany 
to see William Sulzer, a hearsay declaration in no manner 
binding upon the respondent and unworthy of admission into 
the record. As to Sarecky, it was clear that his testimony 
before the Frawley committee showed that he was anxious to 
testify. He volunteered his testimony, in fact, asking only 
that he might have counsel present, in order to make sure that 
all the story should be told. Mr. Marshall paid a warm 
tribute to Sarecky, defending his qualifications and denoun- 
cing bitterly the methods of the prosecution in spreading 
inuendoes, insinuations, shrugs and whispers for newspaper 
headline circulation, as he said, reckless of truth and heedless 
of disproof. 

Under the fourth article, alleging the suppression of evidence, 
the record is entirely barren, Mr. Marshall said. Again, as 
to the fifth article, charging that Governor Sulzer wilfully 
prevented and dissuaded Colwell from appearing, the case is 
absolutely blank, he declared. Not a whisper of evidence has 
been brought to support either allegation. Counsel then turned 
to the testimony of Duncan W. Peck that he gave Governor 
Sulzer $500 last fall and that the governor last July asked him 
to deny it. Sulzer had no motive to place himself thus in the 
power of a man whom he considered guilty of frauds, said Mr. 
Marshall, while Peck had every motive to lie about a man 
whose continuance in office was likely, as the lawyer asserted 
Peck to know, to result in the disgrace of Peck and perhaps in 
his loss of liberty. Mr. Marshall in scathing sarcasm pro- 
nounced the testimony of Peck to be intrinsically untrue. He 
mocked Peck's appeal to the presiding judge against revealing 
his confidential conversation, and derided the sudden glibness 
with which the story was then poured forth, declaring the 
exact detail with which the conversation was repeated under 
oath after months had elapsed to be a feat which every member 
of the court knew to be entirely impossible of truth. 

Of the testimony of Morgenthau and Ryan Mr. Marshall 
argued that the governor's appeals to them were honest and 
justifiable when the state of mind of the respondent was con- 
sidered. There was not in the testimony of these men, he 
said, one word showing crime under the articles of impeach- 
ment to which the court must confine itself. The testimony 



218 Tammany's Treason 

was introduced, he asserted, only as foundation for the bruiting 
of theories and concoction of rumors, designed by the managers 
of the impeachment through some esoteric force to create a 
sentiment which should accomplish by indirect appeal that 
which the evidence did not and could not warrant. 

Turning to the seventh article, charging the use of executive 
power over legislation to influence the votes of Assemblymen 
Prime and Sweet, Mr. Marshall contended that the law cited 
in the article has no connection of any sort with the charge 
made. The statute refers exclusively to the bartering of 
nominations or offices of public employment or to questions of 
salary and emoluments. The testimony, he said, was trivial, 
and the charge absurd. 

The eighth article, he continued, charging the manipulation 
of stock exchange legislation by the governor for his personal 
profit, was even more contemptible. It was an insult to the 
intelligence of the court, as it was to the people of the state, he 
said, and it was unbacked by the slightest suggestion of evi- 
dence. 

In conclusion, Mr. Marshall declared the impeachment 
managers to have taken counsel of desperation. Their acts, 
he said, betokened a state of mind " which, if it ever enters the 
portals of the temple of justice will portend unspeakable and 
immeasurable evils to the state." The fate of Sulzer, he 
said, was not that with which the court was concerned. " Our 
individual predelictions, our partisan feelings, the satisfaction 
of our momentary desires," he continued, " are of little moment. 
They are but baubles, the toys of children of larger growth. 
But what is of the utmost concern to every patriotic citizen, to 
every lover of justice and righteousness, to every man who 
has aspirations for a higher life and for the elimination from 
the world of tyranny and despotism, is that the law shall not 
be weakened or undermined, whatever the immediate con- 
sequence of its strict application shall be. * * * Upon 
your decision rests not the future of William Sulzer but the 
happiness of future generations. Shall ours be a government 
of laws, or of passion and caprice ? Though life is sweet may 
I not live to see the day when the law shall cease to be para- 
mount in our daily lives and in our system of government." 



Impeachment of Governor Sulzer 



219 



Hon. Alton B. Parker, Chief Counsel for Impeachment 
Managers, in Summing Up, Said: 



The Issues Condensed 

" The cause for impeachment may be condensed from the 
constitution and foregoing authorities into three words: Un- 
fitness for office. And the object of impeachment into four: 
Security for the state. Let us 
again summarize the provisions 
of the constitution upon the 
cause, first, all state officers are 
impeachable for mal and mis- 
conduct in their respective offi- 
ces; and, second, for mal and 
corrupt conduct in office, and 
for high crimes and misde- 
meanors. 

" Then came the third consti- 
tution, of '46, with the provision 
that the assembly shall have 
the power of impeachment ab- 
solutely and unlimited, without 
specification as to the officers, 
the cause, or time of the cause 
of impeachment in that con- 
nection, and with the two new 
provisions to which I have al- 
ready referred for the removal 
of judicial officers and also the provision of 
article 10. 

" The constitution states it is true, that provision shall be 
made by law for the removal for misconduct or malfeasance 
in office of all officers except judicial, but the primary object 
of the provision was not to specify a cause, but to authorize a 
concurrent procedure for removal, and without power to dis- 
qualify the persons removed from holding office in the future, 
and probably was not intended to reach the chief executive 
officer of this state; and I would like to ask your honors, each 




section 7 of 



220 Tammany's Treason 

and any one of you, to answer for yourselves, is there any 
doubt in the minds of any one of you, that if any member of 
the supreme court of the state of New York, if against any 
member of the supreme court of the state of New York, under 
impeachment charges such as these, and with proof such as is 
before you, would there be a single vote in this chamber 
against his removal and his disqualification. I say, upon your 
consciences, that there can be, as it seems to me, made by any 
one of you but one answer to that question; you would vote 
to remove him, and to disqualify him. Besides, who would 
be so shameless as to say that if the governor or the lieutenant 
governor should secure his election to office by fraud or bribery, 
that he should be permitted to hold it for the reason that he 
committed the crime or wrong before his term of office began ? 
But as a step, and from his standpoint, a necessary step in the 
acquisition of that office. If such were the case then the paper 
and words which we call the constitution, the foundation and 
palladium of state government, would be nothing but a pitfall 
and a snare in the toils of which the people might at any time 
be caught and bound hand and foot with no means of relief 
or escape, none whatever. For your honors well know, and all 
of you, for it has been referred to before in this trial, that when 
the subject was up for discussion before the court of appeals, 
in 156 New York, that court said, and as a part of its argument 
in reaching the conclusion that the court would not grant 
a mandamus against the governor because it was without 
power to enforce it, that it had not the power to take the 
governor and put him in jail for contempt, he being the chief 
executive officer of the nation. 

"In reaching that conclusion, the court said, in the opinion 
written by Judge Haight: 

" ' There is no power of removal of a governor except by 
impeachment. Nor is election to an office a certificate or any 
guaranty of fitness to hold that office. Such is not the nature 
of the transaction between the candidate or the voter.' 

" There is always a tacit, if not an express understanding — 
more often the latter — between them, that the candidate is 
honest, capable and fit to discharge the duties of the office. If 
he is not so, and is elected, then he has obtained the office by 
false pretenses, fraud and deceit, and nobody should be bound 
by his election. 



Impeachment of Governor Sulzer 221 

The Question to be Discussed 

" Of course, an election is no answer to charges of misconduct 
committed thereafter. It has been sometimes urged by writers 
that it was for misconduct which happened before. It has 
been common reading that where offenses were known and the 
subject of discussion and were passed upon by the people at 
the polls, that they had the right to condone the offenses; 
but it never has been suggested before this trial, so far as my 
reading goes — and I have devoted considerable time to the 
subject — ^that the offenses which were committed afterwards, 
after the people had passed upon it, were within at all the rule 
which led to the suggestion that an offense which the people 
have condoned ought not to be passed upon by a court of im- 
peachment, but the people have never condoned these offenses. 
They were not known to the people. They were committed 
in the dark, during the campaign for the office, and some of 
the offenses, the filing of the statement and the taking of the 
oath, were committed after the election had taken place. 

" There are other matters in that connection that I would like 
to discuss, but my time is flying, indeed has already passed, 
and I cannot encroach further upon those who are to come 
after me. 

" The purpose of the trial upon impeachment is to protect 
the honor of the commonwealth, the liberties of the people and 
the coffers of the state from the dangers of usurpation, stains 
and depredation of public officials found to be so unworthy of 
the people's trust and so unfit to hold the high office with which 
they have been honored and whose official tenure is a public 
menace. 

" The purpose of the constitution in its provisions for im- 
peachment is not to castigate the wrongdoer but to insure to 
the people just and honest administration by furnishing a 
method for the removal of all officials found by its tribunal to 
be guilty of such offenses as make them plainly the wrong 
instrument for the administration of good government. It is 
the people of a sovereign state, whose liberties, lives and happi- 
ness are in the hands of its public officials, who are entitled to 
the first consideration and the prime protection of this court. 

" Therefore, the question to be considered is not, Is this 



222 Tammany's Treason 

defendant guilty and to be punished by deprivation of office, 
but, rather, Is he guilty and therefore a menace to the state 
while he holds in his contaminated hand the power conferred 
upon him by our constitution and laws. 

" Whether there was ever a day when William Sulzer was 
fit for great public office we need not inquire. We may shut 
out his past with shuddering hope that he may have been, 
and inquire whether the consideration of his conduct is so 
closely connected with, so immediately prior and so necessary 
a condition precedent to his induction into office that it con- 
stitutes a part of his gubernatorial career. 

Parker Sums Up His Position 

" With all defenses in and swallowed whole, and with all 
the scapegoats cruelly overburdened with his responsibilities 
and the misdeeds from which he alone benefited, these facts 
yet stare William Sulzer in the face and defy refutation. 

"1. That the defendant collected personally many thousands 
of dollars for campaign purposes, and appropriated most of the 
total to his personal use. 

"2. That he committed perjury, in swearing to a false 
report of his collections and expenditures; the former being 
many times the amount acknowledged ; that he swore to a sum 
as his total collection which was less than the amount of a 
single contribution paid to him personally in cash, in the same 
office in which he committed his perjury. 

" That he deliberately, with an intent which could by no 
possibility have been honest, sought to procure the contribu- 
tions in such form, and to make acknowledgment thereof in 
such form, as should best elude detection. That even as he 
took pains to conceal the receipt of campaign contributions, 
so did he strive, by trick and device, to conceal his dishonest 
conversion of sums so collected. 

" That he sought, by the exercise of the power and prestige 
of his high office, to prevent the truth, and the full truth, being 
told by witnesses called to testify before the committee and 
this court of impeachment. 

" That he in effect suggested a barter ot appropriations for 
legislative votes for a bill he sought to pass. 



Impeachment of Governor Sulzer 223 

" That he sought to coerce the action of members of this 
court on this trial, through influence brought to bear on those 
he, in his narrow and mistaken view, deemed powerful to 
accomplish that coercion. 

" That he has been guilty of contempt of this high court, of 
gross misconduct in office, of high crimes and misdemeanors, 
and of such unlawful, dishonest and dishonorable conduct just 
prior to his induction into office, and during the term of his 
office, as utterly unfits him to be a servant of this sovereign 
people, in this high office or in any other office or post what- 
ever. 

" These acts constitute wilful and criminal violations of 
public duty and personal dishonor; they defy the majesty of a 
sovereign state, insult the intelligence of a free people, and 
outrage every sense of honor. 

" Before this bar, this defendant stands guilty of these offenses 
charged by the impeachment and proven by uncontrovertible 
evidence. Before the bar of the court of public opinion, this 
defendant stands condemned on the evidence here presented, 
and on the further damning testimony of his shifty defenses 
and of his futile efforts to dodge, by technicalities, the trial of 
the issues before this high court, in which evasion public opinion, 
with a freedom not permitted to judicial opinion, finds direct 
evidence of guilt. That same public opinion takes cognizance 
of the fact that the defendant here is suffering from such a 
severe attack of moral nearsightedness that even when directed 
by a myriad scornful fingers, he cannot discern the dishonest, 
criminal and dishonored nature of the acts proved. 

Denunciation of Sulzer 

" Even justice must see through its severe eye something of 
the pathetic in this defendant's frantic efforts to cover the 
nakedness of his wrongdoing. Defiance, defense, justification, 
prevarication, denunciation of his accusers, attempts to sup- 
press and falsify testimony and efforts to cast the blame else- 
where — each in turn has been stripped from his quaking flesh 
until he stand now naked before this court, without a rag of 
his attempted vindication clinging to his deformed and muti- 
lated manhood. 



224 Tammany's Treason 

" Every disguise has been torn from his back, the petticoat 
in which he trusted for safety to the armor of defiance in which 
he threatened to attack and expose a political leadership to 
which we have found him suing for a merciful obliteration of 
his misdeeds and offering the bribe of submission. 

" No act of his shows more perfectly the complete baseness 
of his character, unfitting him utterly for any public or private 
trust, than does his effort to coerce the members of this court 
through channels his warped intellect mistakenly instructed 
him held the power of coercion. 

" Regardless of the origin of these charges, regardless of who 
may be the friends of this man, or who his enemies, regardless 
of any personal infliction of discomfort, this court must, we 
feel certain, find on all the evidence that this defendant has 
been guilty of misconduct so gross as to necessitate his removal 
for the honor, peace, prosperity and good government of this 
community. 

" With this court alone rests the duty of delivering this state 
from the menace that like the sword of Damocles hangs above 
it so long as this man so conclusively demonstrated to be guilty 
of deliberate and heinous wrongdoing remains in the executive 
chair. 

"And to this court we shall commit the decision of the case 
against William Sulzer, securely confident that the honor, 
safety and welfare of this, the Empire state, are assured of the 
protection contemplated by the constitution in its creation of 
this high court. 

" Thank you for your patience." 



Impeachment of Governor Sulzer 



225 



Hon. D-Cady Herrick, Chief of Counsel for Governor 
William Sulzer, in Summing Up, Said: 

"Mr. President and gentlemen of the court: As we had 
anticipated, the prosecution have been driven in this case, as 
you have seen from the address of the late chief judge of the 
court of appeals, to this posi- 
tion: That this court is 
bound by no law excepting 
its own feelings, excepting 
its own determination, that 
it is not to determine but to 
make the law, that it is to 
usurp legislative functions. 
And you are to set that 
precedent for all time to 
come unless there is a radi- 
cal change in our constitu- 
tion. Because it necessarily 
flows from his argument 
that a man can be impeached 
for not only any offense but 
for no offense. That if for 
any reason, political or other- 
wise, it is determined that a 
public official is no longer 
fit for office because he be- 
lieves or does not believe in the direct primaries, because 
he is a low tariff or a high protection man — nay, more — 
if there is no limit, then the private citizens may be impeached, 
great political leaders, against whom charges are continually 
made, as they are today in the public prints, may be im- 
peached by the assembly and brought before a court composed 
as this is, and forever disqualified as a citizen and ruined in 
his political leadership and power. 

" That is a boundless sea upon which he asks you to venture; 
no rudder, no compass to steer and guide you. 

" In the learned brief prepared by the managers, and I 




226 Tammany's Treason 

suspect by the counsel for the managers, and I suspect almost 
entirely by the learned gentleman who is to follow me, it was 
practically conceded that there was no power of impeachment 
for offenses committed before entering upon ofhce, because you 
will recall the very able effort that was made to demonstrate 
that the making of this statement of election expenses was 
official misconduct, that it was so intimately connected with 
a man's entering upon the discharge of his official duties that 
it could properly be regarded as being made — I think the word 
was used — in the ' vestibule ' to office. 

" I am amazed, astounded, at an argument from a man who 
so recently occupied the highest judicial position in this state 
and who controverts every writer, every public writer, upon 
the question of impeachment that has ever written, and not a 
case that he cited sustaining his position was one excepting for 
official misconduct in office. True, in a prior position, but 
still official misconduct in public office, not committed as a 
private citizen. The Barnard case, the Butler case, were both 
cases of official misconduct, not misconduct as a private citizen, 
but there has been something said about it, and I might just 
as well say it in that connection, by a gentleman who was not 
acting as an advocate, but who was in the discharge of a judicial 
duty, just as you are, upon the impeachment of Andrew John- 
son, as to whether you can remove a man for unfitness for 
office. 

" Lyman J. Trumbull, one of the greatest jurists of his day, 
speaking upon the same question of the power of removal 
because of unfitness for office, said : 

" ' The question to be decided is not whether Andrew Johnson 
is a proper citizen to fill the presidential office, nor whether it 
is fit that he shall remain in it, nor indeed whether he has vio- 
lated the constitution and laws in other respects than those 
alleged against him. As well might any other fifty- four 
persons take upon themselves by violence to rid the country 
of Andrew Johnson because they believe him to be a bad man, 
as to call upon fifty-four senators in violation of their sworn 
duty to convict and impose upon him for any other acts than 
those alleged in the articles of impeachment. As well might 
any citizen take the law into his own hands and become an 
executioner as to ask a senator to convict for acts outside of 
those prescribed by law. To sanction such principles would 



Impeachment of Governor Sulzer 227 

be to convict all law worthy of the name since liberty unregu- 
lated by law, is anarchy. 

" ' Unfit for president as people may deem Andrew Johnson, 
and much as they might desire his removal in a legal and con- 
stitutional way, all save the unprincipled and depraved would 
brand with infamy and condemn the name of any senator who 
in violation of sworn conviction would vote to accomplish such 
a result.' 

" He considers, because a man is shown to be unfit in some 
respects as a private citizen, his reason for his removal, ir- 
respective of what his conduct has been in public office. Let 
me read you again what Lord Macaulay says in his essay on 
Lord Clyde, in his trial: 

" ' Ordinary criminal justice knows nothing of setoff.' The 
greatest desert cannot be pleaded in answer to a charge of the 
slightest transgression. If a man has sold beer on Sunday 
morning, it makes no difference that he saves the life of a fellow 
creature at risk of his own. If a man harnessed a little New- 
foundland dog to his child's carriage, it is not a defense that he 
was wounded at Waterloo, but it is not in this way we ought 
to deal with men who are without ordinary restraint, tried by 
far more than ordinary temptation and are entitled to more 
than the ordinary measure of indulgence. Such men should be 
judged by their contemporaries as they will be by posterity. 
Their bad acts ought not, indeed, to be condoned, but their 
good and bad actions ought to be fairly weighed, and if on the 
whole the good predominates, the sentence ought not to be 
merely one of acquittal, but of approbation. Not a single 
great ruler in history can be absolved by a judge who fixes his 
eye inexorably upon one or two unjustifiable acts. Bruce, the 
deliverer of Scotland; Moritz, the deliverer of Germany; 
William, the deliverer of Holland; Henry IV of France, Peter 
the Great of Russia, how would the best of them pass such a 
scrutiny. History takes wider views, and the best tribunal 
for great political cases is the tribunal which anticipates the 
verdict of history. Reasonable and moderate men of all 
parties felt this in Clyde's case. They could not pronounce 
him blameless, but they would not abandon him to the low 
minded and rancorous pack who would run down and worry 
him to his death.' 



228 Tammany's Treason 

"A man may be unfit in some respects. He may have 
committed indiscretions or worse in his private life, and yet 
we are to judge of him, as a public official, by what he does in 
public office and in no other way. 

Intellectual Honesty 

" I shall pay but very little further attention in my remarks 
to the law in regard to impeachable offenses, but refer you to 
the briefs that have been heretofore submitted upon this sub- 
ject, which seem to me to uncontradictably establish the law 
to be, not only now, but as it has been for generations, that no 
man could be impeached and removed from office except for 
official misconduct in office. 

" I owe a duty to the respondent, to this court and to the 
state, and, in discharging that duty I am somewhat embarrassed 
as to how to express some thoughts that have come to me 
without giving offense. Please believe me that, in what I 
am about to say, I intend no criticism of any man's conduct, 
I impugn no man's motives, I intend to cast no reflection upon 
any man's integrity, but I feel that I must indulge in some 
reflections as to the nature of this tribunal in some respects. 

" In one of my arguments before you — I think the first one— 
I spoke of the difficulty of being intellectually honest, honest 
with one's self, and I think I illustrated — if I did not, I will now, 
by the difficulties a lawyer has when a client comes to him for 
advice upon some given proposition. It is to the interest of 
that client to have honest, accurate advice. It is to the 
interest of the lawyer to give it; and yet, with the insensible 
proneness of the mind to help out the client, those decisions, 
those interpretations of the statute that seemed to be beneficial 
to the client make more of a lodgment and a greater weight in 
the minds of the attorney than those adverse to his client. 
So, too, when a question of law is presented to a judge upon 
the bench, with some preconceived opinion in regard thereto — 
perhaps obtained years ago, when a lawyer, possibly even 
when a law student — when he comes to examine that case 
deliberately for the passing judgment, those decisions, those 
interpretations of the law and of statutes which are in accord 
with his preconceived opinion have more effect upon his mind 
than those that are against that preconceived opinion. 



Impeachment of Governor Sulzer 229 

And that is what I mean by the difficulty of being intellect- 
ually honest. And hence it is that I feel a sense of embarrass- 
ment and difficulty in discussing the cause of this respondent 
before a tribunal with so many of its members — I say it with 
all respect — not prejudiced, but predisposed against his case 
and against him; some by reason of opinions previously 
formed upon a partial investigation and consideration of the 
facts. 

To such members of this tribunal I say that your bounden 
duty is to lay aside all previously formed opinions, formed 
without due consideration, formed without discussion, formed 
without hearing what was to be said in favor of the respondent, 
and decide this case as if you had heard it for the first time; 
and bearing in mind that you have taken your solemn oath to 
do impartial justice between this assembly who have impeached 
the respondent, and the respondent himself. 

Again, some of you are members of a powerful and imperious 
political organization, that has kept the respondent in public 
life for years and has placed him where he now is in more than 
one respect. Differences have arisen between that organiza- 
tion and this respondent. Many of its members believe him 
to be ungrateful and disloyal. Who is right and who is wrong 
I know not; whether the allegiance and loyalty demanded by 
that organization came in conflict with the allegiance and 
loyalty that he owed to the state I know not; whatever the 
causes of these differences may be with that organization, you 
are bound to disregard them. He is not on trial for disloyalty; 
he is not on trial for ingratitude ; and you have taken a solemn 
oath to try him impartially upon the charges here brought 
against him and nothing else. 

" Then there is another class of judges, men with whom he 
has had personal controversies, towards whom he has used 
abusive and threatening language; some of you he said he 
would drive from public life. I have no justification for the 
language used. It was wrong, particularly when addressed 
by the executive of the state to members of a coordinate 
branch of the government, but you are to cast aside all personal 
feelings, disregard all personal controversies, clear your minds 
of every prejudice, every passion, and every feeling, because 



230 Tammany's Treason 

he is on trial for none of these things; and you have sworn to 
pass judgment upon this case impartially. 

" Then there is another class of people who think as the 
late learned chief justice, he is unfit for public office by mental 
equipment, personal habits, and political ideals. That by 
reason of all these things he is utterly unfitted to hold the high 
and dignified position of governor of this great state. 

" But he is not on trial for unfitness for office. The people 
passed on that. Hear what Lyman Trumbull, the one to whom 
I adverted a moment ago, said when he was giving his reasons 
for breaking away from the great party that had sent him and 
placed him in the senate and made it possible for him to be a 
judge in that great trial in giving his reasons for voting for the 
acquittal of Johnson: 

" ' To do impartial justice in all things appertaining to the 
present trial according to the constitution and laws is the duty 
imposed on each senator by the position he holds and the oath 
he has taken ; and he who falters in the discharge of that duty, 
either from personal or party consideration, is unworthy his 
office and merits the scorn and contempt of all just men.' 

" Of all these things that I have referred to, well calculated 
to predispose you against the respondent, for none of these 
things, I say, is he on trial. The spirit of fair play that should 
characterize the conduct of every man in public life towards 
his political adversary; that requires him to play the game 
according to the rules; that requires a man, a political leader, 
when he has made a mistake in putting a man into public 
office, to smile and bear the weight of his error without wincing, 
and not attempt to remove him from office by unlawful means 
to remedy the evil ; but not to repeat the mistake again. And 
the highest sense of honor that should actuate all high-minded 
men requires that you men free your minds of all preconceived 
opinions and personal feeling, and determine whether you 
honestly believe he has been wilfully guilty of the offenses 
charged against him. 

Nay, more — the solemn oath that you have taken before 
Him to whom you yourself must some time appear for judg- 
ment, requires you to cast out all prejudice, all ill feeling, all 
passion; and judge this man upon the law and upon the facts 
as applied to the law, and nothing else. 



Impeachment of Governor Sulzer 231 

The Peril to The Courts 

"Again, there is a little sense of embarrassment in what I 
am about to say. In my first address I stated that not only 
was the respondent on trial, but the court itself was on trial 
in these proceedings. The presiding judge has stated more 
than once during the progress of this trial that an impeachment 
trial is unlike any other, and the strict rules of evidence that 
are observed in ordinary civil and criminal cases have not 
been observed. And it seemed to us that in refusing our last 
motion to dismiss certain of the articles of impeachment, the 
rule that requires a prosecutor to establish the guilt of the 
person prosecuted had been reversed and the burden placed 
upon us to establish the respondent's innocence. 

"What the presiding judge has said with reference to im- 
peachment trials being different from all other trials is true in 
more than one respect. They are peculiarly cases where the 
decision must be in accord with public sentiment. 

"If the public sentiment, by a sense of justice, is offended 
by the composition of the court, or by the decisions it makes, a 
blow is given to the confidence of the people in the due ad- 
ministration of law, from which it takes a long time to recover. 

" Do not misunderstand me. I am not one of those who 
believes that our courts of justice, in administering the law, 
should depart one hair's breadth from what they believe to 
be the law. Still the courts, not only for their own preserva- 
tion and protection, but for the public good, must not only 
decide right, but it must do it in such a way that the people 
will believe it to be a right decision. 

State's Honor at Stake 

"Writers upon impeachment speak of them as being very 
largely political proceedings against men in public life, where 
political animosities and partisan feelings are aroused for and 
against the present judge. In a tribunal composed entirely 
of senators, as in the case of the trial of President Johnson, 
like tribunals existing in almost all the other states in this 
union, the manner in which they make the decisions, and the 
decisions themselves, perhaps arouse very little feeling against 



232 Tammany's Treason 

the administration of justice, because they regard them as 
pohtical decisions and not judicial decisions. But, in a tribunal 
like this, composed of the justices of the highest court of this 
state for the administration of ordinary civil and criminal 
justice, and composed of senators together with such judges 
a decision made by such a court, if not in accord with what 
the people believe to be a right decision, strikes a deadly blow 
at the confidence of the people in the administration of their 
laws. 

It took many, many years for the supreme court of the United 
States to recover from the effect of the division upon party 
lines between the justices of the supreme court who served 
upon the electoral commission. 

" Now, without any disloyalty to William Sulzer, I may 
say that he is a mere incident in these proceedings; that my 
effort is very largely in behalf of the dignity and honor of the 
state, and the preservation, if it can be preserved, of the con- 
fidence of the people of this state in the administration of the 
law. I have got beyond the time when political honor and pre- 
ferment is for me, but I have a deep respect and affection for 
the state. 

" I have a great respect and affection for the highest tribunals 
of this state, and for the individual members, and I want to 
see nothing happen that will impair the confidence of the people 
in this tribunal, and my interest is that by no decision or by 
no manner of arriving at the decision should any reflection be 
cast upon the administration of justice or any new impetus 
given the feeling which we cannot disguise from ourselves that 
at present exists against the administration of justice; stirred 
up, enlarged upon by demagogues and political leaders of 
singular ability and disingenuousness. With these things in 
mind, it seems to me that is peculiarly the time and peculiarly 
the case when the court should not go beyond what is written 
in the law. It is of the gravest importance that the inde- 
pendence of the three great departments of government should 
be preserved, the legislative, the judicial and the executive; 
and before the legislative and judicial departments should com- 
bine to overthrow the executive, the law therefor should be 
clear and plain. 



Impeachment of Governor Sulzer 233 

The Courts Themselves in Peril 

" The question of fact will always vary in the different cases, 
but the law itself should be clear and definite; and no loose or 
liberal construction should be given to it to accomplish the 
overthrow of any department of the government or the occupant 
of any department. 

" In the very learned brief prepared by the counsel for the 
managers, a list of over seventy cases of impeachment is set 
out. Not one of them but what is for official misconduct. 
Some two or three for past official misconduct, but still mis- 
conduct in office. Not a single one of these cases is an impeach- 
ment for acts committed when the person impeached is a private 
citizen. Not one but where he was an occupant of some public 
office, when the misconduct occurred. Judge Parker, in his 
argument, concedes that articles I, II and VI were acts per- 
formed out of office, while Governor Sulzer was a private citi- 
zen, before he entered upon the discharge of the duties of the 
office of governor. Now, the public policy of this state, as 
illustrated by section 7 of article X of the constitution, requiring 
provision to be made for the removal of public officials for mis- 
conduct of malversation in office, section 12 of the code of 
criminal procedure provides that this court shall have juris- 
diction to try impeachments for wilful and corrupt misconduct 
in office. In 1854 the judiciary committee of the assembly, 
reported, and the assembly ratified its report, that no one 
could be impeached except for misconduct in office. 

•"In 1905 the judiciary committee of the senate reported 
that impeachments would lie only for misconduct in office and 
the learned chairman of that committee supported it in a 
learned and very able opinion. 

"In the Guden case, under the power of removal, much broader 
than that of impeachment, the governor in removing him 
found he was guilty of official misconduct in taking the oath 
of office, it being a false oath in entering office, and the appellate 
division upheld the decision on the ground, among other 
things, that it was a corrupt agreement while entering into and 
before becoming a public official, to be performed thereafter, 
and in the court of appeals the only judge discussing the facts 
said: 



234 Tammany's Treason 

" * There must be a charge of some official misconduct on 
the part of the officer and that in that case he was shown not 
only to have made a corrupt agreement before entering his 
office, but that he carried it out thereafter.' 

" Now, with this history of impeachments in this country 
the past public policy of the state, that this court should go 
further than has ever before been gone in American history, 
should go further than had heretofore been written in the law 
and convict for acts done while a private citizen, upon the ex- 
tremely slender and tenuous theory that in making a statement 
of election expenses such statement had some connection with 
the public office which made it official misconduct, when the de- 
feated candidates have to make a like statement ; which state- 
ment is not and cannot be made a condition of his entering 
into ofiice, because the constitution itself provides the only test 
for entering office; and then to thrust him out after he has 
entered into office because of this false statement you could 
not require him to make as a condition for going in, is violating 
the provisions of the constitution and doing that by indirection 
which it prohibits doing by direction — I say that with this 
history of impeachments and the law hitherto related, that 
before such an extension of the power of impeachment to acts 
done before taking the office and before becoming a public 
official, it will be regarded as reaching out for a victim, and that 
the court did not determine but made the law to fit the case; 
and it will do more than anything ever done or that can be 
done in this state to bring about the recall of judges and 
judicial decisions, or it will at least cause a reconstruction of 
our whole judicial system. 

Not Mere Idle Declamation 
" This is not mere idle declamation for the purposes of this 
case, may it please the court, but it is the result of careful 
investigations. Those people who think there is no feeling 
of unrest in regard to the courts, the administration of the law 
and of lawyers are not honest with themselves or are not 
acquainted with the public condition of affairs. I was charged 
with investigating this subject nearly a year ago and the 
conditions that I found existing, the public feeling, I dare not 
report in full for fear of increasing that public discontent. 



Impeachment of Governor Sulzer 235 

Don't blind yourselves! Stop and think the enormous vote 
cast last year upon a platform attacking our courts and pro- 
claiming belief in the recall and the recall of judicial decisions. 
So I say that it behooves us that this case shall be so decided 
in such a manner that the people will believe and understand, 
and lawyers too, because many of them share in this feeling I 
speak of, that this court has not gone beyond the law as it has 
been written for over 200 years in England and this country, 
and never violated hitherto. 



Put Yourself in His Place 

" Imagine yourself in his place. There are some things that 
a decent, manly man cannot do to save himself. Some things 
that a man of even low ethical standards cannot shield himself 
by. Some sacrifices of others that he cannot allow to be made, 
even at the risk of losing high position and being forever dis- 
qualified for political preferment and honors. Which would 
you do ? Run the risk of losing the empty honor of being 
governor — empty if held with dishonor — or lose the respect of 
tvery decent and honorable man in the whole United States 
by saving yourself at the expense of the honor and integrity 
of the one you are bound to love and protect. Imagine your- 
self, I say, in that position, with his experience, the political 
surroundings that he had been brought up in, the political 
ideals that he possessed, the political education that he had 
received in a school where it is supposed that political influence 
can reach not only into the courts, but even into the sanctuary 
of the church. Is it any wonder that, in desperation, he 
resorted to the methods best known to people brought up in 
such a political school; with such a political education, and 
endeavored to secure the influence of political leaders of both 
parties to have the impeachment articles brought by the 
assembly declared to be illegal for lack of jurisdiction as he had 
been informed and advised by high legal authority they were. 

" Is it any wonder that he preferred to risk his high position 
and all future political advances rather than subject himself 
to the scorn of every honorable man, and should resort to these 
methods, which you and I and all right thinking men con- 
sider dishonorable and regard as an imputation upon our 



236 Tammany's Treason 

courts of justice, that it should even be thought for a moment 
they could be reached by political or other influence ? 

Evils of Political System 

" One thing, though, further, which Mr. Ryan's testimony 
develops, one further thought it brings to my mind, and that 
is the evil of our political system of leadership in this country 
when great parties in a great state are largely subject to the 
control of a single man, who has dominating influence which 
can be brought to bear, if he so wills it, to either control the 
actions of men in legislative bodies, and even courts, or else 
ruin their whole political future ; and I congratulate the repub- 
lican members of this court whose influence it was thus indirectly 
sought to obtain the information that came back was that that 
great organization would not interfere one way or the other, 
that the accredited leader of that organization would not per- 
mit any man high or low to even speak to him about the case; 
in other words, that the members of this court were not, the 
judges of the court of appeals were not to be interfered with 
in any way, shape or manner, but permitted to do exactly in 
accordance with the views that their consciences compelled. 
Still, the information that came back, we do not know from 
whom, was not exactly correct. You recollect first that it 
was that none but the elected judges of the court of appeals 
would sit, would be members of the court; second, that it 
would be held that the assembly could come together at any 
time, any place, anywhere, at the call of any one private citi- 
zen, or anybody else, but so long as a majority of them kept 
together they could prefer articles of impeachment; the posi- 
tion that was contended for by the managers; perhaps these 
two first replies came from the managers, but this one that I 
refer to turned out also to be incorrect, because you have held 
that they cannot be convened at any man's whim, upon any 
man's call, but being in session, regularly called, that then they 
have the right to act. 

" I wish that Mr. Ryan had also made inquiry of the leaders 
of the other parties. It would have been extremely inter- 
esting to know what the response to that inquiry would be. 
I trust that it would have been equally frank. If any inquiry 
has been made I hope the same statement comes back to those 



Impeachment of Governor Sulzer 237 

senators not of the republican faith that they are not to be 
interfered with, that no instructions are to be given them, that 
the accredited leader of that party will not permit any one, 
high or low, to speak to him in regard to this case, but leave 
those who are his followers to obey the dictates of their own 
consciences, untrammeled by even a suggestion or request 
which may involve their political future if that suggestion or 
request is not obediently complied with. 



Now First Accused 

" In reaching your verdict and determination as to whether 
the respondent has wilfully done wrong, you must take into 
consideration the nature and the history of the man and the 
nature of the offenses. As I just said, some members of this 
court have known him for years; know his lack of business 
habits and business methods; of his carelessness in money 
matters; of his overweening ambition; know of his egotism; 
know of his proneness to consider those things which are the 
creatures of his imagination actual facts; but none of you, 
none of you in the past have eyer regarded him as a dishonest 
man, a perjurer or a thief — and that is what these charges 
come down to. 

" He has been in public life now for nearly twenty-five 
years; five years, as I recall it, in the legislature of this state, 
one year serving as speaker, eighteen years in congress; rising 
step by step, until by long service and presumed ability, 
becoming chairman of one of the most important committees 
in the house. 

"At the time he was in the legislature, from common report, 
and these are things of which men situated as you are can take 
public notice and judicial notice, money was flowing freely in 
the legislative halls for those who wanted it, but never the 
breath of suspicion was cast upon him in those days. In the 
days of the Huckleberry grab and other bills of like character, 
when he was in the legislature, no one accused him of being a 
party to any corrupt legislation or receiving a penny for his 
influence, or for his vote. 



238 Tammany's Treason 

" Now, after over a quarter of a century of public service 
he is, for the first time, charged with being a dishonest man, 
charged with steaUng money, charged with plundering his 
friends, charged with seeking contributions for one purpose, 
using them for another, and committing perjury to conceal 
the fact. 

" These things, it is said, bring shame and disgrace upon the 
state. They do! They do! The fact that a great party 
nominated and the people of the state of New York elected a 
man to be governor of this great state of the ethical standards 
of this respondent, must be conceded to be a shame and dis- 
grace to the state of New York, but it is not for those things 
that you are to remove him from office. 

"Another thing that is a shame and disgrace to the state of 
New York. These things were unknown to the state of New 
York until the impeachment managers, for some purpose, 
God only knows what, brought them to light and brought 
shame and disgrace upon the state of New York. 

" I recollect — I am not very familiar in these days with the 
scriptures, but I recollect there is some passage in the scrip- 
tures where the mantle is cast over the naked body of a person 
to shield him from shame and disgrace. 

" When these things became known, those people who had 
the good name and fame of the state of New York, should have 
withheld them for the honor and dignity of the state, instead 
of bringing them forth for the purpose of removing from their 
path the man who seems to have been an obstacle in doing 
things that are a great deal worse than anything that is charged 
up to the governor. 

Impeachment a Mistake 

" Gentlemen of the managers, these impeachment pro- 
ceedings are a mistake, a great mistake from any point of 
view; and I believe that no one now realizes that more than 
those who were instrumental in bringing them. 

" No object in removing him from office because of those 
things. The term is short. The people can eject him in a 
short time. The legislature is adverse to him. He can do 
no harm excepting to investigate, excepting to expose wrong- 
doing, excepting to stop graft and corruption; but he can do 



Impeachment of Governor Sulzer 239 

no harm to any honest well meaning people in the state of 
New York because here is the legislature in both branches 
hostile to him. Why, then, bring these impeachment pro- 
ceedings excepting to halt these investigations which Mr. 
Hennessy says were under way — 

The President: " I do not think the evidence goes — " 

Mr. Herrick: '' I said, ' under way.' I am going no further 
because you stop us there." 

The President: " Very good." 

Mr. Herrick: " I had in mind the ruling of the court. The 
bringing of these impeachment proceedings is lamentable 
because of the object lesson of what may occur to any man in 
public life who dares stand and oppose the wishes of those who 
may know something about his private life and history not 
known to the general public." 

" Now, in conclusion, in rendering your verdict, let it be 
such a one as will demonstrate to the people of the state that, 
regardless of any personal feeling toward the accused, or any 
preconceived opinions, or any political or personal differences 
with him, they may be convinced that the respondent has had 
a fair and impartial trial; such a verdict as will sustain the 
proud reputation of the highest court of this state-for learning, 
impartiality and freedom from political bias; a verdict and 
decision that will serve as a precedent in years to come, and 
be a mark of honor to every one who has participated in its 
rendition. 

" Sir, you are approaching the end of your public career. 
During the time you have received great honors from the 
state, honors well merited and amply repaid by distinguished 
services from boyhood until nearly three score years and ten, 
upon the battle field, in the councils of a great party, and in 
the highest tribunals of justice in this state. God forbid 
that in the closing days of an illustrious career you aid in any 
way in placing an indelible stain upon the splendid history of 
the state you have loved and nobly served. 



240 



Tammany's Treason 



Hon. Edgar T. Brackett, of Counsel for Impeachment, 
Managers, in Summing Up, Said: 

"With the permission of the court, I think myseh' happy, 
members of the court, that it is given to me to speak to you 
at this time. The time, the place, the cause, conspire to 
high thought and mighty en- 
deavor. ' The blood more 
stirs to rouse the lion than 
to start the hare.' The pulse 
runs higher, the heart beats 
stronger in defense of the 
honor of the commonwealth, 
here fearfully assailed from 
within, than in a cause less 
sacred. He to whom is given 
the opportunity to aid in 
shielding the mother who 
bore him, the father who 
begot, or the state which 
has nurtured him, is thrice 
happy and blessed among 
men. 

" No one, even slightly 
acquainted with the history 
of this greatest of the states, 
and of the names that make 

that history a glorious one, can avoid a pride ful satisfaction 
that, in the performance of duty, it is given to him to plead in 
behalf of her good name. It is with that pride and that satis- 
faction, that the managers of this impeachment come before 
you in this final stage of this historic trial, to press upon you 
that you cast from her service one who has forgotten her honor 
and been faithless to the trust she reposed in him. We have here 
no feeling akin to professional exaltation in having been able 
to develop the facts requiring the conviction of the defendant, 
but rather, only a feeling of performing a solemn duty to the 
people of the state. 




Impeachment of Governor Sulzer 241 

"At the time of the commencement of this proceeding a 
few weeks ago, it was something over forty-one years since the 
assembly of the state, the representatives of all the people, 
more truly than any other officer or body known to the law, in 
the performance of a solemn duty, exercised the functions 
laid upon it by the constitution and the laws, in the impeach- 
ment of a high official of the state. In our freedom from high 
crime in public place, we had almost forgotten the machinery 
for its degrees. In a revision of our organic law made during 
that period, the provisions for the impeachment of a public 
official were regarded as so little likely to require use, that they 
received scant attention at the hands of the learned men 
reviewing them, and left open for high discussion questions 
that could have been speedily and definitely settled here. 

" Through the mists of the years that last state trial rises 
before us with singular distinctness. In the course of our 
proceedings here it has been looked to with profoundest 
respect for precedent and for argument. And as I have studied 
its record, I have prayed that it would be given to us here, 
each in his own place, members of the court, counsel, the 
officials who have served us, to take high courage from the 
examples there set us, and to meet our duty here as they met 
theirs there. 

"And yet I do not remind you of this high occasion, nor of 
the exemplars who have gone before, to render you timid in 
the performance of your work. The intelligence that has been 
given to us is for use in the doing of great as well as of small 
duties. We must take the final steps in this proceeding in 
precisely the same spirit that we do our daily round of petty 
duties through the years. Unawed by responsibility, unafraid 
of the consequences of any result, unafraid of any result itself, 
except a wrong one, with appreciation of the great oppor- 
tunity to do a lasting service for the right, laying aside any 
baser motives, let us here highly resolve to proceed, as it is 
given to us to see the light, and with manly hearts. 

" Not speaking now to the members of the court accustomed 
daily to render judgment, to whom the ascertainment of right 
is a study and justice a habit, but only to those others, un- 
acquainted with judicial work, let me, as one familiar with 



242 Tammany's Treason 

every temptation that can come to you in the performance of 
such duty, address myself to you a moment. 

Alleges Terrorism 

" From the beginning of the impeachment proceedings 
brought against WilHam Sulzer, nay, from the time that his 
crimes were first whispered around these halls, on behalf of 
the defendant there has been a persistent and studied at- 
tempt to terrorize the members of this court and every person 
associated with the prosecution. Every means known to the 
demagogue has been attempted to accomplish it — the press, a 
few of its members venal, many of them thoughtless of the 
grave situation presented, have daily paraded much hopelessly 
bad law and have direfully threatened those who were so 
singular as to say that they doubted the wisdom of allowing a 
criminal to remain in the executive chair. Political extinction 
has been threatened to those bold enough to urge that it might 
be well to have an orderly investigation of the matters charged 
against this man. Counsel have been warned that their ap- 
pearance for the people here would result in savage attacks 
upon them. We have witnessed the indecency — for I think it 
can be called nothing less — of public meetings called to over- 
awe your judgment and to give you instructions how to decide 
this cause, before a single word of sworn testimony had been 
given to you. In season and out, it has been preached that 
justice would not be done here, when justice was the last thing 
desired by the preachers. No such campaign has ever been 
devised as the one that has thus attempted to influence and to 
terrify you from the performance of your duty. 

"Against all this I hold up to you the simple oath you took 
at the beginning of this trial. Its solemn words are fresh with 
you, and I know that in their presence the least thoughtful 
will be sobered to the fullest sense of his duty, as I know 
that this wave of clamor will never rise in its influence to the 
level of the soles of your feet. 

"So to all those who have professed doubts as to whether 
justice would here dominate, who have sought to discredit in 
advance the patient fairness by which every right of the de- 
fendant has been here conserved throughout the days, to all 
right reverends and " wrong reverends," everywhere, who 



Impeachment of Governor Sulzer 243 

profess to find here not the solemn performance of a pubHc 
duty laid on you by the law, but only an opportunity to scourge 
and strike the political enemy, I send greetings and invite 
them to learn from the great apostle of moderation of speech 
and ask them to come and see how, under the strictest forms of 
law, divesting themselves of every unworthy motive or thought 
the representatives of a free people come together and give 
judgment. 

Charges a False Answer 

" What answer has the defendant made to these charges ? 
And the answer which he brought here, signed with his own 
name, and filed with this court to stand on the records to the 
end of recorded time, is typical of the man and typical of his 
effort, and every act that has been proved in the case. 

" He came into this court, having exhausted every dilatory 
motion and every point of law which the ingenuity of the 
most learned counsel in the state could discover to raise here. 
Having exhausted all that in an effort to secure the dismissal 
of these charges without being called upon to meet the great, 
crucial fact as to whether or not he was guilty, and without 
being called upon to put any evidence in — having thus ex- 
hausted all means of delay, he comes here and he files an answer 
signed with his own name. And what is that answer, in the 
light of the testimony that is here, unanswered in the slightest 
degree, uncontradicted to the extent of a syllable, what answer 
is that ? He comes here and admitting the mere formal facts 
that he was a candidate for governor and is now governor, 
and that he did file a statement, every one of which, of course, 
was susceptible of proof here within ten minutes from the time 
the court convened, he thereupon solemnly, in the face of all 
the people of the state, filed with this great court an answer 
which is itself an infamous lie, when he says that he denies 
each and every one of the facts set up in article I. And if you 
will consider from now to the end of the chapter that it is 
typical of this defendant, that wherever he thinks the proof 
cannot be found, he submits a denial, you will find the key to 
the answer of many a question that will be put to you in the 
consideration and final decision of this case. 



244 Tammany's Treason 

" What is the proof ? And when I come here on the ques- 
tion of proof, I confess to you that I am embarrassed beyond 
measure. Ordinarily, it is given to counsel, where there has 
been evidence submitted on the trial of the case to see where 
reason and experience point the line of truth between the two 
statements. 

" But here, what was there ? If I commenced to argue 
before this court as to the truth of the evidence submitted on 
behalf of these managers, I would be justly called by the pre- 
siding officer, who might say, ' why do you argue to some 
things as to which there is no possible contradiction ' ? 

"And so it is like arguing with the east wind, or it is similar 
to wrestling with the ague. You cannot get ahead with any- 
thing that can be said, because the simple statement of a 
proposition demonstrates that the evidence given on our 
behalf here is true, and that there is not a single word of con- 
tradiction with respect to any part of it. 

The Campaign Statement 

" In the statement that was filed by this defendant made 
out on the 13th of November, and filed in the secretary of 
state's office on the next day, he certified to the secretary of 
state and to all the people of the state by whose grace and 
favor he had received a majority of the votes at the previous 
election that he had received during his campaign but the sum 
of $5,460, the donors of which were named and were sixty- 
eight in number. He certified that the expenses which he had 
incurred during that campaign were $7,724.09, and thereby he 
meant to have the people of the state and anyone who would 
come and read to believe that he had been elected by the 
contributions of sixty-eight small contributors who altogether 
had given him during his campaign less than $100 apiece as 
an average. And the thought was in his little mind as he did 
that was posing as he had posed during the years as one who 
was still in the congress a poor man, fighting the people's 
battle, that the great common people were the ones who were 
his friends and the only ones who had contributed anything 
to his election. All of the great interests that cluster around 



Impeachment of Governor Sulzer 245 

Broad and Wall streets, all of the interests that might come 
here and want legislaticn; all of those interested in politics, 
were carefully left off Ir m the statement, and it was only 
the little men contributing, as I say, less than one hundred 
dollars apiece that had risen m their might and made William 
Sulzer the governor of the state. It was only they who had 
contributed as he certifies to the secretary of state. 

" What is the uncontradicted proof with respect to it ? 
What answer does my friend make here, do either of the learned 
counsel make who have argued here ? What answer is there ? 
The uncontradicted proof stands here, you will find the details 
of it in the sheets that have been passed around, and which 
while one of the learned counsel says it is incorrect, has not 
Ihad its incorrectness pointed out in the slightest degree. It 
stands that every entry made in this sheet is proven and proven 
beyond fact and without contradiction by the evidence in the 
case, and the reference is made in the paper itself to where the 
evidence will be found. 

" By that paper it is shown and by the evidence therein 
referred to it is shown that during the time of his campaign, 
although he had reported receipts of but $5,460, there had 
been paid to him in the way of contribution checks that had 
been actually traced to him, and upon which there are marks 
which he could not avoid or escape, $12,700, or more than 
twice as much unreported as he had reported. It is demon- 
strated that there was of cash that has been traced to him un- 
reported in this statement which he thus filed, the sum of 
$24,700, or nearly five times as much as the amount which he 
admitted in his statement he received. And it has been demon- 
strated, the shameful act has been demonstrated, that during 
the time of the campaign he paid to brokers in Wall street 
securities $40,462, much of which was the very checks which 
were handed to him for the campaign purposes. Ah, but, says 
the defendant, these people were so enraptured with my pre- 
vious personal history, they were so in love with the situation 
that made it possible for me to be governor, that knowing the 
necessities with which I was afflicted, they made a purse for 
my personal comfort and to relieve me from the slough of debt 
in which I have been wallowing for years. 



246 Tammany's Treason 

Sulzer's Situation 

" I want to stand for the proposition, first, that he who is 
nominated a candidate for a public office, who receives con- 
tributions during that campaign, if nothing is said on the 
subject, receives them with the impHed understanding and 
obligation that they are for the purposes of his campaign. 
There shall be no opportunity for hair splitting on this. The 
man who so far refines that he can claim to himself or to another, 
let alone to this high court, that having been nominated for 
an office by a great party in the state when contributions are 
made to him, whether by personal friends or by persons inter- 
ested in the success of the party, who can so far refine that to 
claim he can out of his own grace, if I use the language of the 
catechism right, out of his own grace and favor only think he 
can say ' This check is mine ; this large check is mine ; that 
little one is for the purposes of a personal campaign; this one 
I will not report; that one I must and will ' — the man who 
makes any such claim as that stands in a position for the first 
time of making it, for no other human being from the time we 
have had popular elections until the present moment has ever 
had the hardihood to come and make any such claim, 

" What is the actual situation in which a candidate for 
place who receives contributions stands ? He is not nomin- 
ated for his own glory, however, this defendant may have 
thought that was so, it was not for the glorification of William 
Sulzer that he was nominated as the candidate of the demo- 
cratic party on the morning of the 3rd of October, 1912, at 
Syracuse. He was nominated as a representative of a party; 
he was nominated to be supported by the party, and when 
the contributions from that moment came in, any man who 
had any conception whatever, not simply of ethic but of de- 
cency, knew and recognized, and must have known and recog- 
nized to the full, were contributions because the contributor 
desired the candidate of the party should be elected for which 
he had been nominated and because the contributor had an 
interest in the success of that party. * * * 

Declares Sulzer a Liar 
" Do you think — and Mr. Presiding Judge, I hesitate to 
ask the question as an insult to your intelligence. What do 



Impeachment of Governor Sulzer 247 

you think, can any rational man think for a single minute that 
when on the 13th day of November, 1912, William Sulzer 
affixed his signature to the statement that he had received 
during the campaign $5,460, that there was not running in 
his mind at the very instant that he did it, 'And I have got 
$10,000 of Thomas F, Ryan's money in my pocket this minute 
as clear gain 7 ' * * * 

" Let us get away from the sham and the pretense that the 
Schiff check was anything else than a contribution made for 
campaign purposes. Do you think when he came to make 
his false certificate and to certify to the secretary of state and 
to all the world that he, the apostle of the plain people, had 
been elected with contributions of only $5,460, that he did not 
know alongside of the fact of Mr. Ryan's $10,000 check, in 
his brain, that there was the $2,500 check of Jacob H. Schiff 
as to which he was fully the gainer. So the certificate was 
false. And so the affidavit that was made to it was false. 

" I am not now discussing the question of perjury. I am 
not going over the law as my associate, skilled on the criminal 
side of the law, gave it to you here earlier in the trial. We stand 
here on every line and every word of the brief which he has 
thus filed here, and I shall not go over it here again. 

" The certificate was false. The affidavit which he made 
there was false; whether or not he can escape on the claim 
that because it was not required by the statute that he should 
swear to it all, as to whether he can escape the penitentiary or 
the state's prison on that plea is not here at all. When he 
put his name to the affidavit and swore to it before Abraham 
J. Wolff, he swore to a lie; and whether or not he was guilty 
of legal perjury that would justly land him in the state prison 
he was guilty of the moral perjury, he was guilty of all the 
blackness of intention of all the guilty heart that he would or 
could have been had he sworn as required by the statute and 
he believed he was. 

Sulzer and Saul 

" But the first of January comes, and from that moment 
he is a converted man; but, my brothers, there are some of 
us here to whom through the years the question of conversion 
has been very much before our eyes, and yet I cannot fail to 



248 Tammany's Treason 

remind you that the great church which stands today, as it 
has stood from the beginning, firm in the beUef of a conversion 
from sin, that it yet demands repentance. Never yet, when 
you were standing behind the sacred desk, never yet have you 
permitted to join holy church, a man whom you did not beUeve 
in your heart had repented of his sins. Oh, but on the first of 
January, like Saul of Tarsus on his way to Damascus, there 
came a light, yet before that moment he was in gall of bitter- 
ness and bondage of sin, although prior to that time he had 
done nothing but serve the forces of evil, yet from the first 
day of January when the light came to him he became a con- 
secrated man and devoted himself thenceforth to the service 
of God and humanity in the people's house. 

" Oh, Saul! Oh, Saul! Persecutor of the saints, but the 
greatest of the Apostles! What foolishness has been attempted 
through the years because of that sudden conversion of yours 
on the way to Damascus! There is many a man that tries to 
liken himself to Paul when the only likeness is to that of Saul. 
Saul saw a light, but he respected it. He repented of his 
sins. Saul, having seen the light, announced that from that 
moment he renounced the devil and all his works. 

" He did not go around trying to suborn perjury. When 
he got together the few Christians in the upper chamber, 
wherever he could get them, to preach the word, after his 
conversion, he did not whisper to one of them that if he was 
sworn he hoped they would be easy on him. Before he opened 
the meeting with prayer, he didn't call one of them aside and 
see if he could send word to tamper with the court that was 
going to try him, and he finally won a glorious martyrdom by 
sincerity, and not by posing; by honest work, not by many 
professions; by doing the work and not being a rank hypocrite. 

" Can you imagine Paul telephoning to Gamaliel that he 
was ' the same old Saul. And can't you make it more than 
$7,500 ? ' 

The Election Law 

" These are facts. The certificate was false. The affidavit 
was made with all the blackness of heart that could cause a 
man to be guilty of rank perjury anywhere. 



Impeachment of Governor Sulzer 249 

"And then he took every dollar that was thus contributed 
to him, of which I have given you a list, and went to play in 
Wall street, and bought Big Four stock. Oh, well, our friends 
say, that is all true; that is all true, and it may not have been 
ethical; it was not quite ethical. Perhaps it was unmoral, a 
little unmoral, but still he has been elected by the people. Is 
the election law a joke ? Is the statute, for the passage of 
which, and the perfection of which high-minded men and 
women during the years have come here year after year for 
the purpose of getting it into some kind of shape where, if the 
use of money in elections could not be prevented, it could at 
least be exposed ? A law which never yet has taken any step 
backward. Where every step that has been taken at all has 
been in the direction of making it tighter, of making it more 
perfect, so that no one should be able to slip through its meshes. 
Is this law still discovered to be a joke ? That it is only a 
question of the lighter ethics as to whether it shall be obeyed 
or not ? * * * 

My friends have waxed earnest, to say nothing of the elo- 
quence. They have waxed earnest in the proposition that, 
in all the years there has been every effort made to make this 
law so that it would require to be done just what was intended 
by it, that the wisdom of the legislature and the executive 
who have concurred in the passage of this law has been so at 
fault that today it means nothing. If you hold this man 
guiltless of crime in this connection, at least members of the 
senate, have the decency to introduce a bill to repeal it, and 
have it done quickly and thoroughly. 

On this 19th day of July or soon thereafter, this defendant 
the governor of the state of New York, sitting in the chair that 
has been occupied by men of the highest character — and praise 
God that from the beginning none of them have ever been 
suspected before of personal dishonesty — the chair that within 
the time of my own official life and recollection was occupied 
by Levi P. Morton, a man who would no more do a dishonorable 
act that he would put his right arm in the fire and let it wither; 
it was the chair in which next sat the brilliant Frank S. Black, 
than whom no more knightly soul ever sat or came to the city 
of Albany or came to that high office. From the beginning it 
has been rendered sacred by great names of great men, men 



250 Tammany's Treason 

who would have scorned a dishonorable thing as they would 
have shunned a wound. And it was left to this year of grace 
one thousand nine hundred and thirteen, this year of wrath, 
it was left to have in the executive chamber a governor who 
could so far forget not only decency and official honor, but who 
so forgot pride of honor, so far forgot the limitations not only 
of the criminal but the moral law as to ask this great officer of 
the state under him to go on the stand and commit rank 
perjury to save his miserable soul from the punishment that it 
deserved. Did Peck tell the truth ? Why, there is the easiest 
way in the world to raise an issue; the easiest way in the world 
if Peck did not tell the truth, some witness can come here and 
testify that he did not. In all the attack on Peck the learned 
counsel forgot to have the testimony contradicted. Why, I 
recall one time in the trial of an action how tremendous energies 
were bent to the impeachment of a witness who had testified 
to a fact and the learned counsel who impeached it so devoted 
their energies to that single fact that they forgot entirely to 
contradict him. If Peck did not tell the truth here no one 
knows better than the learned counsel who sit at the table of 
this defendant how to meet it and how to beat it and they 
know, too, that it does not come by a vociferous denunciation 
of the witness who is entirely uncontradicted and if at any 
time, in representing Mr. Peck at all, I take the liberty of 
saying — if at any time Mr. Sulzer, this defendant, sees fit to 
join issue as to any question of fact with Mr. Peck on the witness 
stand in any county of the state, Mr. Peck will submit it to 
the following grand jury to say which one has committed 
perjury, he or this defendant, and if there was no corroboration 
whatever, there is not a member of this court here that would 
have the slightest just fication for disbelieving Peck, but when 
you add to Peck's testimony the fact that he is corroborated 
in the strongest degree by Morgenthau, whom they do not dare 
to contradict or claim is untruthful; by Morgenthau to whom 
he made a similar dishonorable request; you have the testi- 
mony of Peck utterly uncontradicted and utterly irrefragable 

Brackett's Peroration 
" Oh, members of the court, an acquittal to this man upon 
this evidence, would be a wretched gift indeed. Think of the 



Impeachment of Governor Sulzer 251 

position in which he would be placed by such a verdict. Dead 
forever among honorable men; cut off already by the un- 
answered evidence in this record from ever again striking 
hands in friensdhip with those who devote their lives to lofty 
purposes. And yet, an outcast among men, compelled for a 
brief time to represent the honor and dignity of the Empire 
state, to meet in official contact those, the latchets of whose 
shoes he is unworthy to loose, by whom hence he is abhorred; 
charged with the great duty to see that the laws which he him- 
self has flagrantly violated are faithfully executed against 
others; charged by the constitution to see that the laws 
which he himself has flagrantly violated are faithfully executed 
against others. Think of him — if Vour imagination can 
carry you to such lengths, solemnly considering an applica- 
tion for a pardon for one who had been convicted of a violation 
of the election law as to corrupt practices. Think of him in 
all the multifarious situations requiring not only actual free- 
dom from things criminal, but even from any suspicion thereof. 
Knowing full well, appreciating to the utmost the degradation 
that must come and the disgrace that must come upon this 
unhappy man by your verdict of guilty, I still beg you not to 
think that you will mitigate his punishment by a judgment of 
acquittal of the charges here proved. It will not be your action 
that will render him infamous for all the future. That future 
is already his before you speak. If he takes the wings of the 
morning and flies to the uttermost parts of the earth, the 
record of his disgrace is there before him, to meet and greet 
and abide with him. If he call upon the mountains and the 
rocks to fall upon and hide him, he will still know no respite 
from the disgrace that henceforth must walk by his side. 

" Do not believe that you can lessen his punishment, what- 
ever your decision here. All that you can do is to pronounce, 
in form of law, in performance of your solemn duty, the judg- 
ment that will free the state from the contaminating touch of 
this man from this time forth. 

"It is to you alone that the people look for relief. Much 
has been said on the part of the defendant that he derives his 
title to his great office by election by the people and that you 
may not rightly set aside the choice. Let me remind you that 
the same people who elected him governor of the state have 



252 Tammany's Treason 

placed in your hands, not simply the authority but the mandate, 
if two-thirds of your number find him guilty of crime unfitting 
him for the exercise of the duties of his office, to remove him. 
And there rests no heavier duty upon this body than that of 
convicting upon impeachment any official proved guilty. 
Forced upon you by no act or wish of your own, the situation 
requires you to do justice and fear not. 

" The pen that writes the judgment of this court will be 
mightier for weal or for woe of this state and for all the people 
thereof, than any implement of war ever wielded by the arm 
of man — mightier to us awaiting its record — mightier to all 
the coming ages. If this last and best attempt at self-govern- 
ment, under which we have rested in security in all the century 
and a third of our national life, under which the state has been 
the leader of all the sisterhood that compose the republic — if 
this shall fail at the point that we may not remove from high 
office men confessedly guilty of crime, then, indeed, are we of 
all men the most miserable. We can transmit our trust as 
guardians of the present, ' as the heirs of all the ages in the 
foremost files of time,' to no successor save the coming genera- 
tion. If that generation come to its inheritance blinded by the 
example of corrupt officials unpunished and unrebuked, we are 
near the fall, as we well deserve to be. 

" You alone can deliver us from the body of this death, oh, 
wretched men that we are; you alone can deliver us from the 
body of this death. 

"And so we leave this case with all its vast interests, the 
interests of all who love the state and are jealous for its honor 
and good fame in your hands ; leave it with all that it means to 
the people and the future. Words fail me in the contempla- 
tion of all that your decision means. If it ever pleases the 
Father of us all to guide with his own hand those engaged in 
the performance of a great public duty, may that guidance be 
yours this day, and may the decision here rendered bear sure 
impress that it comes from a wisdom that maketh judgments 
far above the twilight judgments of this world." 



Impeachment of Governor Sulzer 253 



Chief Justice Edgar Cullen, In Explaining His Vote on 
Impeachment Articles, Said in Part: 

The President: " I have prepared an opinion which I am 
sorry to say is at some considerable length on the questions 
involved in this issue that we are now disposing of. It is not 
my purpose to read all of it, but some part of it I think it is 
proper I should read on this occasion. Other parts of it I shall 
merely abbreviate by stating the conclusions which I have 
reached. 

" The first article of impeachment, and the second article 
of impeachment, and the sixth article of impeachment are 
intimately connected, and in the opinion which I have written 
they are treated together, and possibly it will be more con- 
venient for me to treat them so now. It will avoid repetition 
when the vote is taken on the other two articles which I have 
named. 

" First, as to the facts, I regret to say that I am constrained 
to find the facts as follows: 

" I find that the respondent did take advantage of his nomin- 
ation and candidacy for office to seek to personally enrich 
himself by diverting the contributions which he might receive 
for campaign purposes. 

" I find that he did verify that by his oath, knowing it 
to be false. At the same time, I shall vote not guilty of these 
articles for reasons which seem to me to dictate such a course, 
whatever may be my personal opinion of the acts done and com- 
mitted by this respondent. 

" First, a moment as to the character of the acts. The use 
of this money for his own purposes other than political work 
was not an offense. On the contrary, it is very doubtful 
whether it was not within his legal right to use it for any purpose 
for which he saw fit. I have pleaded that at length in my 
opinion. I have given the authorities which assert the propo- 
sition. 

"As to his filing a false certificate, in my opinion, it is matter 
of law that the corrupt practices act, now a part of the election 
law, did require him to state the amounts and sources of all 



254 Tammany's Treason 

election contributions, and in my judgment, nearly all, possi- 
bly with two or three exceptions, of the moneys paid to him, 
were such contributions. 

" I find, however, this: That his oath to the truth of this 
statement was extra-judicial, so far as it related to his receipts. 
The election law does not require a verified statement while 
the penal law, which does require a verified statement, does 
not require that that statement should contain the receipts of 
the party making the statement. 

Not Guilty of Legal Perjury 

" It, therefore, is plainly extra-judicial to the oath, and it is 
elementary law. However, he was not guilty of legal. So 
much for that. But I am frank to say that if those acts had 
been committed during his incumbency in office I should have 
regarded his moral offense great enough to require his removal. 
But I am of the opinion that it cannot be considered as ground 
for impeachment, and that it would be an eminently dangerous 
doctrine to treat them as such. 

" The question, however, whether these acts of the res- 
pondent constituted crimes is not decisive of the issue before us. 
They displayed such turpitude and delinquency that, if they 
had been committed during the respondent's incumbency of 
office, I think they would require his removal. 

" This brings me to what I consider the serious question in 
the case : Can a public officer be impeached for acts committed 
when he was not an officer of this state ? The question is 
not one of power, but one of right. Doubtless, if the assembly 
impeaches and the court convicts and removes from office, 
that judgment cannot be attacked, no matter what the reasons 
assigned for the removal may be, but the questions remain: 
Are such acts rightly ground for impeachment ? Should this 
court so decide ? 

" Never before the present case has it been attempted to 
impeach a public officer for acts committed when he was not 
an officer of the state. No suggestion to that effect can be 
found in any opinion of courts of impeachment, in the argu- 
ments of counsel on such trials, or in the text writers. In 
several cases where it has been sought to remove the officers 



Impeachment of Governor Sulzer 255 

for such acts by judicial proceedings, the right has been ex- 
pressly denied. 

" In the year 1853, the judiciary committee of the assembly 
of this state reported that no person can be impeached who was 
not at the time of the commission of the alleged offenses, and 
at the time of the impeachment, holding some office under the 
laws of this state. 

"In 1905 the assembly committee reported that Justice 
Warren B. Hooker was not subject to impeachment, because 
the acts did not constitute wilful and corrupt misconduct in 
office, but that the justice was subject to removal under the 
provisions of article II of section 6 of the constitution, which 
authorizes judges — mark, judges alone — judges to be removed 
by the joint action of two-thirds of both houses of the legis- 
lature. 

"In this view, apparently, though not in express terms, the 
judiciary committee of the senate concurred and the justice 
was proceeded against, but not by impeachment. 

" It is contended, however, that by the change made in the 
phraseology of the constitution of 1846 from that of the pre- 
ceding constitution, a court of impeachment has been granted 
the right to remove a public officer on any ground that it may 
deem sufficient to disqualify. It seems to me it would be most 
unfortunate if such a doctrine were to prevail. The con- 
dition would be then that characterized by Judge Story as 
' truly alarming.' 

Barnard Case Only Precedent 

" I shall not now read the argument by which I seek to 
establish that the true interpretation of the constitution con- 
fers no such power. The only precedent cited by the learned 
managers for the assembly to support their claim is the im- 
peachment of Judge Barnard in 1872. Some of the offenses 
charged had been committed in a previous term. The con- 
tention of the respondent in that case was that he was not 
liable to impeachment during one term for acts done in a pre- 
vious term. This was overruled, and probably the weight of 
precedent throughout the country is in accord with that 
decision. I am at a loss, however, to see how that is an 
authority for the proposition when an officer can be impeached 



256 Tammany's Treason 

for acts done when he was not in office at all. In fact, the 
two cases in which that ruling has been followed, that is, the 
case of Nebraska, the impeachment of Governor Butler, and in 
Wisconsin, the impeachment of Judge Hubbel, the constitu- 
tion expressly limited the power to impeach to misconduct in 
office. Therefore, in those cases it must have been decided 
that liability for offenses during a previous term, and liability 
for offenses when not in office, were entirely distinct proposi- 
tions. 

" It is urged that the offenses charged against the respondent 
were part of the means by which he obtained his office. A 
slight reference will show that this argument cannot be sus- 
tained. The respondent's dishonesty in diverting the money 
contributed to him could in no way help him to get the office. 
On the contrary, this failure to properly expend the money 
had, if any effect, a reverse one. The falsification of the state- 
ment filed by him could have no effect on his election, because 
that had already occurred, though doubtless the public was 
properly interested in knowing what had been contributed 
and in what amounts. The statement was not required of all 
persons elected to office, but of all those who had been candidates 
for office, and on elected and on defeated was equally imposed 
the duty of making the statement. The falsification was made 
by the respondent, not for any matter connected with his 
election, but to conceal the misappropriation of the money. 
The statute is directed solely to securing purity of politics and 
enacted for that purpose. The suggestion that it was intended 
also to insure publicity of the names of those who had assisted 
the successful candidates, so that people might judge of his 
subsequent conduct in office, and might know whether it was 
dictated by subservience to persons or interests who had 
contributed, I think unsound. A statute enacted for that 
would be, to say the least, of doubtful constitutionality. 

" The constitution prescribes the oath of office to be taken 
by all public officers and then enacts; and no other oath, 
declaration or test shall be required as the qualification for any 
office of public trust. A statute prescribing that any one elec- 
ted to office should say by whom and to what extent others had 
aided him as a condition of entry upon his office might well 
be deemed in conflict with this constitutional provision. 



Impeachment of Governor Sulzer 257 

Reference was made there to a decision made by the supreme 
court. Will it be asserted that a law would or could require 
an officer, as a condition of his entry upon office, to declare 
under oath all his dealings during the past, or the property 
that he may own at the time in specific detail so that the 
people might judge how far personal interests affected his 
official actions ? The assertion is erroneous that impeachment 
proceedings are in no respects punitive and solely preventitive 
to safeguard the state. If the doctrine contended for is 
correct, a man guilty of any offense in his past life of sufficient 
gravity to justify his removal if committed when in office, may 
be removed from office without an opportunity to show that 
both his official conduct and private life during his official term 
have been of the most exemplary character. There is no 
statute of limitations on impeachment. The rule here con- 
tended for amounts in reality to an ex post facto disqualifica- 
tion from office for an offense which had no such penalty when 
committed, without affording an opportunity for showing 
either repentance or atonement. Men have committed serious 
crimes, even felonies and subsequently attained high public 
position. Instances will occur to all of us. If the legislature 
may define the grounds of impeachment — and I am not pre- 
pared to deny or affirm that proposition, being impressed by 
the argument of Judge Vann to that effect — it may prescribe 
for what offenses committed prior to the commencement of 
his term a candidate — during what period an officer is subject 
to impeachment. With such legislation an official tenure of 
office would be safeguarded by law and not dependent on the 
conflicting views of the various tribunals as to what renders 
a person unfit for office. For, unless the man is disqualified 
by law his fitness for office is to be determined solely by the 
electors. That is their right. The matter is of particular 
importance in this state because under the constitution the 
mere presentation of articles of impeachment against a governor 
or a judge suspends him from the powers and duties of his office. 
The very fact that we all agree that an officer may be impeached 
for offenses not amounting to crime so long as it absolutely 
unfits him on his entry into office makes it true, otherwise one 
who never violated any law may be removed because as a citi- 
zen he failed to conform to our ethical standards. When he 



258 Tammany's Treason 

enters upon office his conduct is necessarily subject to other 
restrictions. 

" I vote not guilty." 

ANARCHY 

In voting the governor not guilty on Article IV, Presiding 
Chief Judge Cullen said in a firm voice and with emphatic 
manner : 

" There is no evidence of any deceit or fraud, and to construe 
what passed between the respondent and Peck as a threat to 
remove the latter is to substitute suspicion for proof, vagaries 
of imagination for evidence. The point here urged may be 
criticized as technical, but if so, I hope that technicality will 
always be respected to the extent of preventing the trial of a 
man for one offense and convicting him of another. Far better 
the assembly, if it deem wise, should present new articles of 
impeachment and the state be put to the expense of another 
trial rather than a precedent should be set for what seems a 
violation of the ordinary principles of justice. Forms are 
often necessary to observe to protect the substance that lies 
behind them. Where they are not observed in substantial 
matters, law degenerates into oppression on the one hand, 
anarchy on the other." 



Impeachment of Governor Sulzer 259 

GOVERNOR WILLIAM SULZER 
By Edgar L. Murlin 

William Sulzer, the forty-first governor of New York state, 
was born in an old brick house on Liberty Street, Elizabeth, 
New Jersey, on March 18, 1863. He is the second son of a 
family of seven children — five boys and two girls. 

Lydia Sulzer, his mother, was of Dutch and Scotch- Irish 
ancestry. Thomas Sulzer, his father, was born in Germany, 
and while a student at Heidelberg University, in 1848, joined 
the patriot army and fought to establish constitutional govern- 
ment. He was captured and put in prison, but made his escape 
to Switzerland — thence emigrating to New York City in 
1851. He married there, and the family afterward moved to 
Elizabeth, N. J., and subsequently bought a farm at Wheat- 
sheaf, a suburb of the former place, where the son, William, 
aided in the farm work, until he went to New York to study 
law. 

William Sulzer was educated in the country school, and grad- 
uated from a grammar school in 1877. His parents desired 
him to study for the ministry, but he became interested in 
the legal profession and entered Columbia College Law School. 
He also studied law with Parrish and Pendleton in New York 
city. In 1884 at the age of 21 years he was admitted to the 
practice of law at a general term of the Supreme Court held in 
New York city, and at once opened a law office and began his 
life work as a lawyer. Early in his career he became a suc- 
cessful lawyer, and throughout his long public service has been 
more or less engaged in the practice of his chosen profession. 

He first entered political life prominently during the presi- 
dential campaign of 1884, which terminated in the election of 
Grover Cleveland as president. Mr. Sulzer upon this occasion 
was one of the campaign speakers of the democratic national 
committee. Ever since 1884 he has participated actively in 
the speaking campaigns of the democratic party at each suc- 
cessive election. 

In 1889 Mr. Sulzer was elected an assemblyman from the 
fourteenth assembly district on an independent ticket, being 



260 Tammany's Treason 

then only twenty-six years of age, winning the election by a 
plurality of about 800 votes, his chief platform being that the 
Broadway railway franchise should not be granted in perpetu- 
ity to a private monopoly. He was re-elected to the assembly 
in 1890, 1891, 1892 and 1893, and each year by increased 
majorities. 

Soon after Mr. Sulzer's election to the assembly he became 
widely known as an advocate of social, political and economic 
reforms, the chief among which were embodied in bills abolish- 
ing "sweat shops;" providing free lectures for working people; 
abolishing imprisonment for debt; providing for a constitu- 
tional convention; establishing " freedom of worship;" pro- 
viding for the state care of the insane; for ballot reform; for 
the punishment of corrupt election practices; abolishing 
corporal punishment in the prisons; limiting hours of labor; 
establishing a Saturday half holiday; providing for a weekly 
payment of wages; establishing a woman's reformatory; and 
for an epileptic colony. These bills introduced and advocated 
by Mr. Sulzer became laws. 

The " freedom of worship" bill gave to the inmate of any 
state institution the right to worship God according to the 
dictates of his conscience. Up to the passage of the " state 
care act," a large proportion of the insane people of the state 
whose relatives were too poor to have them cared for in private 
hospitals for the insane were in charge of local authorities. 
The " state care act" placed all the hospitals in charge of the 
state government and greatly improved the means taken to 
restore the inmates of these hospitals to health. 

The title of the Saturday " half-holiday" act indicates the 
purpose of the measure — to give a longer period of rest for all 
workers. The women's reformatory was a much needed 
institution, and since it was established has finely accomplished 
the aims of those who suggested it. The law providing for 
free lectures for workingmen and working women has devel- 
oped since in New York city into its magnificent lecture and 
musical entertainment system, where hundreds of lectures and 
musical entertainments are yearly given. 

Mr. Sulzer, as a member of the assembly, also introduced 
and persuaded the legislature to pass a law for the Columbian 
celebration in New York city; a law codifying the statutes of 



Impeachment of Governor Sulzer 



261 



■RING-A-ROl!ND-THE-ROSY" 




:--:>C' 



c^^^^, 



From the Philadelphia'jLedger 



262 Tammany's Treason 

the state; a law codifying the laws relating to the quarantine 
station; a law opening Stuyvesant Park, New York city, to 
the use of the people; a law opening New York's greatest art 
gallery, the Metropolitan Museum of Art, to people on Sunday; 
a law providing a prevailing rate of wage for working people; 
a law for a state forest park; the law for the preservation of 
the Adirondack forests; a law for the protection of the head 
waters of the Hudson river and the conservation of the natural 
resources of New York state ; a law for the completion of the 
state Capitol; a constitutional amendment for the enlarge- 
ment of the state's canals; a law establishing the Aquarium 
in New York city; a law establishing Bronx and Van Cort- 
landt parks in New York city; the law establishing the great 
New York Public library, with funds largely contributed by 
Ex-Governor Samuel J. Tilden; and the law compelling the 
New York Central Railroad Company to ventilate and light 
the Fourth Avenue tunnel. 

Entering the assembly as one of its youngest members in 
1890, he rapidly won fame, and power and influence, and was 
one of the leaders in 1892, the democrats being in control of 
the body; Speaker of the assembly in 1893; and leader of the 
minority in 1894. As speaker of assembly he gave the people 
one of the cleanest, one of the most economical and one of the 
shortest sessions of the legislature in years. He was one of 
the fairest and most impartial presiding officers in the history 
of the state. 

In 1894 Mr. Sulzer declined a renomination to the assembly, 
and was nominated for congress by the democratic party in 
the tenth congressional district, which then formed a part of 
New York county, on the " East Side" — a strong republican 
bailiwick. That year there was a republican " landslide" and 
the democratic party carried only five congressional districts 
north of Mason and Dixon's line. Three of these were in New 
York city and one was Mr. Sulzer's district. Mr. Sulzer was 
elected by over 800 majority, although David B. Hill, the 
democratic candidate for governor lost the district by over 
11,000. Two years later Mr. Sulzer as a candidate for con- 
gressman was the only democrat elected in his district, which he 
carried by three times the majority he received the first time 
he ran. This was the year of William J. Bryan's first campaign 



Impeachment of Governor Sulzer 263 

as a democratic candidate for president, and although Mr. 
Sulzer was a staunch supporter of Mr. Bryan the latter lost 
the tenth congress district by over 17,000 votes while Mr. 
Sulzer carried it by over 2,400. Four years later Mr. McKinley 
running against Mr. Bryan the second time carried the tenth 
congress district by 11,000, while Mr. Sulzer was elected by 
over 5,000. In 1906 Mr. Sulzer carried the district by over 
11,000, receiving 75 per cent, of the entire vote cast. He is 
the only democrat who has ever been able to carry the old 
tenth district since Cleveland carried it for president in 1892. 

For eighteen years Mr. Sulzer was a member of congress. 
In that period he was the author of more than twenty-five 
distinct bills embodying progressive legislation. One law 
passed, provided for the raising of the battleship Maine; a 
second law provided a light for the Statue of Liberty in New 
York harbor; a third law increased the pay of the letter carriers 
of the country. One of the chief laws framed and pressed by 
him, created the Bureau of Corporations — by which the anti- 
trust laws have since been enforced. He was the author of 
and succeeded in passing a pension law for the orphans and 
widows of the deceased soldiers and sailors of the Union army. 
He introduced the bill to regulate the interstate commerce 
railroads; the bill in behalf of victims of the disaster to the 
steamboat "General Slocum"; a bill to restore the merchant 
marine by giving preferential duties to American ships; a bill 
for federal aid in the construction of good national roads; a 
bill to reduce the tariff, especially on goods, wares and mer- 
chandise manufactured in the United States and sold cheaper 
in foreign countries than here; a bill placing on the free list 
meat, wood pulp, coal, lumber and white print paper; a bill to 
establish postal savings banks; a bill to establish a department 
of transportation; a bill to improve the foreign consular and 
diplomatic service ; and a bill prohibiting the sailing of any ship 
from the United States unless equipped with safety devices. 

He introduced and secured the passage of a resolution ex- 
pressing sympathy with the Cuban patriots; the resolution of 
sympathy for the Boers in their heroic struggle to maintain 
their independence; the resolution of sympathy with op- 
pressed Russian Jews ; and the resolution abrogating the treaty 
with Russia, because that government refused to accept pass- 



264 Tammany's Treason 

ports issued to Jewish citizens of this country. He also intro- 
duced a resolution to make October 12th a legal holiday, to 
be called "Columbus Day; " and he introduced and secured 
the passage of a resolution congratulating the people of China 
on the establishment of a republic. 

Mr. Sulzer wielded a large influence in congress, especially 
when he became chairman of the House Committee on Foreign 
Affairs. He steadily opposed any intervention in the affairs 
of Mexico. He stood firmly for peace, and became the eloquent 
champion of the rights of Latin America. He was the author 
of the resolution to abrogate the Russian treaty of 1832, 
already referred to. It was passed by a vote of 300 to 1 — a 
memorable victory for the rights of American citizens. 

Resolutions, of which he was the author, provided for an 
investigation of the corrupt sale of the New York Custom 
House; started the movement for the election of United 
States senators by the direct vote of the people; originated 
the income tax amendment to the United States constitution; 
brought about the abrogation of the Russian Treaty; and the 
establishment of the parcels post. 

Foremost among the achievements of Mr. Sulzer's career in 
congress was the passage in the House during the session of 
1912 of his bill establishing a Department of Labor with a secre- 
tary in the cabinet. Smiled at as a preposterous idea ten years 
ago, this bill finally passed the lower house unanimously. Its 
passage in the senate followed. 

The signing of this Department of Labor bill was the last 
official act of President Taft, and he did so on the personal 
appeal of Mr. Sulzer. The bill was first introduced by Mr. 
Sulzer in 1904, and was reintroduced and advocated by him 
in every Congress since that time. In support of the measure, 
on one occasion, he thus addressed the House of Representatives: 

" My bill for a department of labor is a meritorious measure 
and it should be a law. It is the first bill ever introduced in 
congress to create a department of labor. It is the first 
attempt to systematically classify labor in an intelligent way 
that has ever been presented in a bill in Congress, and its 
enactment into law will evidence a disposition on the part of 
the government to see to it that labor gets full recognition, the 
dignity of having a voice in the councils of state, and the oppor- 



Impeachment of Governor Sulzer 265 

tunity to have its claims dispassionately discussed. Give 
labor this boon and the ' labor question ' will be reduced to 
the minimum. 

" The expense of maintenance of the department of labor 
will practically be but little more than the expense for the 
maintenance of the various bureaus at the present time. 
These bureaus will all be in the department of labor. I do 
not think anyone will take exception to the bill on the ground 
that it is going to increase the expenses of the government. 
A few thousand dollars in a matter of so much moment will be 
of little consequence. I believe that if this bill were on the 
statute books today it would be a long step toward better social, 
economical and commercial conditions; a progressive ad- 
vance along the avenues of industrial peace; that it would go 
far to allay jealousy, establish harmony, promote the general 
welfare, make the employer and employee better friends, 
prevent strikes, lockouts, blacklists, boycotts, and business 
paralysis, and every year save millions and millions of dollars 
of losses which result necessarily therefrom. 

" Capital as well as labor should favor this department of 
labor, because it will go far to solve the labor problem and 
bring about industrial peace. For years this legislation has 
been advocated by the wage-earners of the country. The bill 
meets with their approbation and has the approval of the best 
thought in our land. It has been indorsed by some of the 
ablest thinkers, some of the wisest political economists, and 
many of our leading newspapers. The time is ripe, it seems to 
me, for the creation of a department of labor with a secretary 
having a seat in the cabinet, with all the rights and powers 
conferred by this bill. It will bring labor and capital closer 
together, and one is dependent on the other. They should be 
friends — not enemies — and walk hand in hand in the march 
along the paths of mutual prosperity. This bill, if it becomes 
a law, will go far to prevent serious labor troubles in the future, 
do much to solve existing labor problems, and every friend of 
industrial peace should aid in its enactment. The employers of 
labor, as well as the employees themselves, whether they belong 
to trades unions or not, are all, so far as I have been able to 
ascertain, in accord with the principles of this progressive 
legislation and heartily approve of this bill." 



266 Tammany's Treason 

It was not until 1912, however, that Mr. Sulzer succeeded in 
having the bill favorably reported, and when it came before 
the house it passed without a dissenting vote. 

After Mr. Sulzer's election as governor he returned to 
Washington and spent about three weeks in congress — partly 
for the purpose of urging the passage in the senate of his bill 
creating a department of labor. It passed the senate the latter 
part of February, 1913. 

For two weeks prior to its passage friends of the measure 
were in frequent communication with Governor Sulzer reporting 
its progress. On its passage the governor exchanged several 
telegrams and letters with President Taft, urging him to give 
the measure his official approval. In the senate the bill was 
slightly amended, which made necessary its re-passage in the 
house, where it was in charge of Mr. Sulzer's friend. Congress- 
man William B. Wilson, who has been made secretary of labor 
by President Wilson. 

Mr. Sulzer's bill provides for three assistant secretaries of 
labor, the work of the department being divided as follows: 
manufacturing and agricultural industries; building of highways 
and transportation industries, including the telephone and 
telegraph business; and the building and mercantile industries. 

Each of the principal divisions of the department of labor 
will have a bureau of statistics to collect and report at least 
once each year as to the conditions of labor in each of the dif- 
ferent industries. Special attention will also be given to the 
collection and publication of statistics regarding the un- 
employed. 

One prime object of the new department of labor will be the 
establishment of boards of arbitration and conciliation to 
prevent strikes, as well as to prevent labor disturbances among 
employees or corporations doing an interstate commerce 
business. 

Mr. Sulzer's record in congress is a monument to his inde- 
fatigable industry, and the enactment of progressive legislation 
along constructive lines. 

In January, 1908, Mr. Sulzer married Miss Clara Rodelheim, 
of Philadelphia, Pa., and Mrs. Sulzer is as democratic and as 
popular with the people as her distinguished husband. 



Impeachment of Governor Sulzer 267 

Mr. Sulzer was elected governor on November 5, 1912, by a 
plurality of 205,454, which was the largest plurality ever given 
in the state of New York for any candidate for governor. He 
received 649,559 votes as the democratic candidate, while 
Job E. Hedges, republican, received 444,105, and Oscar S. 
Straus, progressive, 393,183. Mr. Sulzer's large plurality was 
the more remarkable since Mr. Straus in his campaign declared 
for the reforms of which Mr. Sulzer for many years had been 
one of the leading advocates. 

It will add to the interest of this character sketch of William 
Sulzer to describe some of his habits and recount some cf his 
sayings which reveal him as a governor different in many res- 
pects from any who'have held office before him. During the 
campaign which preceded his election he made few promises 
as to his future policies. One of his oft repeated epigrams was 
"An ounce of performance is worth a ton of promise." And 
he pointed out that his record of legislative achievement 
during five years at Albany and eighteen years at Washington 
gave the best forecast of what principles would certainly guide 
him in administering the office of governor. " The record of 
the past," he said over and over again, "is the best guarantee 
for the future." 

In many of his speeches he said "when I am elected governor 
the latch-string of the door of the executive office at Albany 
will always be on the outside, and it will not be so high but that 
the lowliest can reach it, and the humblest citizen of the state 
may come to Albany and see the governor and be treated 
with as much consideration as the richest and most powerful." 

This promise which caused smiles of incredulity with some 
who did not know the man who made the promise has been 
carried out with a faithfulness that has resulted in practices 
which have destroyed many official precedents and rules of 
official procedure; precedents and rules which have pre- 
vailed for many years. It has been in some administrations 
the rule that few could see the governor except through an 
appointment made with the secretary and to make such an 
appointment was often difficult. Only persons of distinction 
could get an appointment without first stating the object of 
their visit and many who wished to make such engagements 
were unable to show satisfactory evidence that they them- 



268 Tammany's Treason 

selves or the subject of their visit, were of sufficient importance 
to merit a personal interview with the chief executive. 

Since Mr. Sulzer has been governor all this is changed. 
Man, woman or child, black or white, rich or poor, high or 
low, everyone who wants to see the governor sees him and the 
richest and most powerful must wait and take their turn. 
This has caused some remonstrances to which the governor 
only replies "I am a democrat and must treat all alike." 

So the governor sees all his visitors in the large reception 
room of the executive chamber. Many have private con- 
versations with him, seated by the side of his big desk. But 
there are no secret interviews in the so-called " back office." 
This is the governor's workshop where he needs only his 
stenographer. 

There was considerable comment when on Inauguration 
Day the customary military parade was omitted and the gover- 
nor walked from the " People's House" to the Capitol to take 
the oath of office and deliver his inaugural address. " I wish," 
wrote Governor Sulzer to the secretary of state, " that all the 
arrangements for my inauguration to be as simple, and as 
economical, and as democratic as possible." The simplicity 
which characterized the inaugural ceremonies has been paral- 
leled in many ways in connection with the governor's daily 
life. The executive mansion has been rechristened the 
" People's House." The public was invited to the legislative 
reception and the attendance was the largest ever known. 
Albany newspapers declared that 10,000 persons were in 
attendance. 

The rule that the governor must be attended when receiving 
visitors at the executive chamber by either his military secre- 
tary or his private secretary is ignored. So is the rule that on 
the street and at public functions one of his secretaries shall 
always accompany him. Sometimes the governor is accom- 
panied and sometimes he is not. He prefers to go and come 
alone. Several times he has attended public dinners in the 
evening and afterward walked from the hotel where they were 
given to his home. The governor always walks to and from 
the Capitol. His life and habits are simple in every way and 
democratic to the extreme. 

Not only does the governor show his democratic impulses 



Impeachment of Governor Sulzer 269 

and his disposition to keep closely in touch with the common 
man by meeting personally as many of his constituents as pos- 
sible, but he keeps up a large daily correspondence with persons 
from all parts of the state, which makes his mail five times as 
voluminous as that of any of his predecessors, and he prizes 
highly not only letters of commendation, but also letters 
which contain words of counsel or criticism regarding public 
policies, appointments made, and legislative measures ad- 
vocated. 

Mr. Sulzer is progressive in his ideas; takes a broad view of 
every question; has few prejudices, and those only against 
intrenched wrongs he wants to see remedied. In his efforts 
for a common humanity he knows no race, no creed, and no 
previous condition. He is for man — that is all. 

In his speech of acceptance. Governor Sulzer said: " I will 
go into office without a promise except my promise to all the 
people to serve them faithfully and honestly and to the best 
of my ability. I am free, without entanglements and shall 
remain free. If elected I shall follow the street called straight 
and the executive office will be in the Capitol. When I take 
the oath as governor I shall enforce the laws fearlessly and 
impartially, but with malice toward none. Those who know 
me best know that I stand firmly for certain fundamental 
principles — for liberty under law; for civil and religious 
freedom; for constitutional government; for the old integ- 
rities and the new humanities; for equality before the law; 
for equal rights to all and special privileges for none; for the 
cause that lacks assistance; against the wrongs that needs 
resistance; and for unshackled opportunity as the beacon- 
light of individual hope and the best guarantee for the per- 
petuity of our free institutions. No influence will control me 
but the influence of my conscience, and my determination to 
do my full duty to all the people, as God gives me the light." 

In his first annual message to the legislature of 1913, Mr. 
Sulzer said: 

"In view of the increasing expenditures in the administra- 
tion of state affairs, mounting higher and higher each suc- 
ceeding year, and necessarily imposing onerous burdens on 
our taxpayers, I recommend genuine retrenchment in every 



270 Tammany's Treason 

department of the state, to the end that expenditures be kept 
down to the minimum and taxation materially reduced. 

" Unless this is done in a systematic way additional methods 
must be devised to raise greater revenue. I am in sympathy 
with the oppressed taxpayers of our state and to the best of 
my abili y will aid you in your efforts to lighten their burden. 
Nothing will gratify me more than to be able to say to the people 
when you adjourn that this legislature was one of the most 
economical in the history of the state, and by its wisdom and 
economies wiped out every vestige of direct tax. 

" The way to stop waste and extravagance is to retrench 
and economize. A cursory examination into state affairs 
convinces me that many expenditures can be stopped and 
efficiency promoted if every state officer will clean house, stop 
waste, and practice every economy consistent with good govern- 
ment and the orderly administration of public affairs. 

" Let us do our best, day in and day out, to save wherever 
it is possible and make honesty and simplicity, economy and 
efficiency, the watchwords of our administration of the people's 
business." 

The governor also said in his annual message that many 
worthy citizens had suggested to him the advisability of ex- 
amining, through a committee of inquiry, into every depart- 
ment of the state government to ascertain where expenditures 
could be checked and the money of the taxpayers saved. A 
few days later he appointed John N. Carlisle, of Watertown; 
John H. Delaney, of the Borough of Brooklyn, New York; and 
H. Gordon Lynn, of the Borough of Manhattan, New York, 
a committee of inquiry, to examine and investigate the man- 
agement and affairs of any and all departments, boards, 
bureaus or commissions in the state. Thus for the first time 
in the history of the state a committee of inquiry was estab- 
lished. The committee in its initial work recommended a 
decrease in the proposed appropriations for certain depart- 
ments. It followed up this action by an exhaustive consider- 
ation of the sinking funds of the state, reaching the conclusion 
that there had been an excess of the necessary accumulations 
for the support of the sinking funds to the amount of 
$18,773,045.97. Commenting upon the report. Governor 
Sulzer said: 



Impeachment of Governor Sulzer 271 

" This huge accumulation of unnecessary moneys by the 
imposition of an inequitable tax year after year is the result of 
poor business administration of state affairs and would ulti- 
mately amount to a sum of money in excess of the requirements 
of the whole amount of authorized bond issues of ^'5234,000,000." 

Still later the committee of inquiry stated that at every turn 
in their examination of state affairs they had noticed a lack of 
system and method in the administration of the business of 
the state, a wide departure from anything like uniformity and 
an unscientific and wasteful absence of appropriate provisions 
for the promotion of ecenomy. With the view of remedying 
these evils the committee of inquiry proposed the creation of a 
department of efficiency and economy; of a state board of 
est mate; of a state board of contract and supply; and the 
passage of a bill giving the state comptroller ample powers of 
auditing the accounts of all state departments. 

Commenting upon the bills to carry out these reforms 
Governor Sulzer said: " These bills meet my approval and will 
now be introduced in the legislature. They will put the ad- 
ministration of state affairs on a business basis, I want to do 
that, and these bills will do it. I trust they will promptly be 
passed. When they become laws it will mean the saving to 
the taxpayers of millions of dollars every year." 

In a message addressed to the legislature early in his admin- 
istration. Governor Sulzer called attention to the necessity of 
remedial legislation regarding stock exchanges, treating of 
" manipulation," " concerted movements to deceive," " short 
sales," " hypothecation of securities," " trading against 
customers' orders," '' usury," etc. Eleven bills were prepared 
by the governor and introduced in both houses of the legis- 
lature to carry his recommendations into effect. 

The second week of his administration Governor Sulzer 
appointed a special commission to collect facts, receive sug- 
gestions and make recommendations as to changes in the 
public health laws and their administration. This special 
commission of eminent citizens consisted of Hermann M. Biggs, 
M. D., chairman; Homer Folks, secretary; John A. Kings- 
bury, assistant secretary; E. R. Baldwin, M. D., W. E. 
Milbank, M. D., Mary Adelaide Nutting, John C. Otis, M. D., 
and Ansley Wilcox. 



272 Tammany's Treason 

" In five weeks," as Governor Sulzer said in a message to the 
legislature, " the commission collected a surprisingly large 
amount of authoritative information with regard to public 
health work in the various parts of the state, and submitted 
findings and recommendations of great interest for the im- 
provement of the laws relating to health." 

At a complimentary dinner given in his honor at the cele- 
brated Lotos Club, New York city, Saturday night, February 
8, 1913, Mr. Sulzer spoke in part, as follows: 

"As many of you know, from reading the newspapers, I have 
been a very busy man ever since I took the oath of office as 
the governor of the state To tell the truth I have been 
working on an average about eighteen hours out of the twenty- 
four, and this is the first public dinner, or reception, or enter- 
tainment, I have been able to attend since the first day of 
January. Being governor of New York is no easy job — that 
is if you want to be the governor. 

" The members of the Lotos Club are famous for their know- 
ledge of literature, and are familiar, therefore, with the advice 
Don Quixote gave his faithful follower on ' How to be a 
Governor; ' and the subtle reply of that diplomatic individual 
when he said : ' He would rather be Sancho Panza and go to 
Heaven, than be a governor and go to Hell.' Many people, I 
am reminded daily, take the same view concerning the ultimate 
dest'ny of the governor of the Empire state. All of which 
goes to prove that although we live in a progressive period, 
human nature is much the same now as it was in the days of 
the gallant Knight of de la Mancha. 

" Before I was elected I made up my mind, if successful, to 
be the governor of all the people. I am going to be. I intend 
to do the best I can, in my own way, according to my own 
light, regardless of the political future, or of personal conse- 
quences, because I know that the political future is uncertain 
and that consequences are unpitying. 

" Long ago I made a vow to the people that if I became 
governor no influence would control me but the dictates of 
my conscience and my determination to do my duty day in 
and day out, as I see the right. Have no fear. I shall stick 
to that. 

" I stand now where I always have stood, and where I always 



Impeachment of Governor Sulzer 273 

will stand — for certain fundamental principles — for freedom 
of speech; for the right of lawful assembly; for the freedom of 
the press; for liberty under aw; for civil and religious free- 
dom; for constitutional government; for equality and justice 
to all; for home rule; for the reserved rights of the state; for 
equal rights to every one, and special privileges to no one; 
and for unshackled opportunity as the beacon light of individ- 
ual hope, and the best guarantee for the perpetuity of our 
free institutions. 

" New York is the greatest state in the Union. It should 
always be an exemplar of economical and efficient and pro- 
gressive administration. As its governor I shall, in so far as 
I can, give the people of the state an honest, an efficient, an 
economical and a business-like administration of public affairs. 
I say businesslike advisedly, because I assure the business 
men in every part of our state that they can rely on me at all 
times to do my utmost to promote the commercial interests of 
our commonwealth. I realize how important they are, and 
shall always be exceedingly careful to take no step that will 
jeopardize the financial and the commercial supremacy of the 
first state in the Republic. 

" Suffice it to say that I am a friend of every business 
whether big or little, so long as it is legitimate, and will always 
have its welfare in view in the administration of state affairs. 
To this end I shall continue to work unceasingly for quicker 
and bet er transportation agencies, and for improved and 
larger terminal facilities, in order that New York shall continue 
to receive her just share of the trade and the commerce of the 
country. 

"Whenever in doubt, it is my purpose to confide in the peo- 
ple, and I indulge the hope that when my official term comes to 
an end I shall have accomplished something to merit their 
approval, and to justify the confidence they have reposed in 
the rectitude of my intentions. 

" That is all there is to it, and that is all there is to say just 
now. I have little vanity. I want no glory — no credit for 
doing my duty — no future preferment — and when the office 
the people gave me goes back to the people — to whom it belongs 
— to give to some other man — I say again, and I say advisedly 
— I want to retire from the misrepresentafons and the dis- 



274 Tammany's Treason 

appointments of political life — to a little farm, by the side of 
the road, and be the friend of man." 

Mr. Sulzer is a hard worker — and puts in about sixteen 
hours a day toiling for the state. He resorts to no political arts 
or personal pretenses. He is just a plain, common, every-day 
plodding good-natured citizen, sincere, square, and loyal in 
every fiber of his manhood. He does not command support 
by subtle influences, trickery, hypocrisy, self-advertising and 
the command of wealth, like some others, but succeeds solely 
through his brains, his intrepidity and his fidelity to friends 
and to princples. He never had a press agent. He never 
financed a publicity bureau. He never paid for puffs. He 
does his work day in and day out, year after year, quietly, 
modestly, confident the results will ultimately speak for them- 
selves, and conscious of the fact that the knowledge of duty 
well done, for duty's sake, and in the cause of freedom and 
righteousness and humanity, is after all the best reward and 
the most lasting recompense a public servant can have. 

Mr. Sulzer has always been a very modest man concerning 
his own achievements. And yet the more the people know 
about Mr. Sulzer the better they like him. As the record of 
his achievements is unfolded the greater and the grander 
stands out the man — the plain man of the plain people — and 
they know him and they love him — this man who does things 
for the people for the intense love of doing them, and goes his 
way day after day happy in the consciou ness that there is 
work to do, and that he is doing his share in his day and gener- 
ation to make the world better and happier as the Master 
intended. 

Governor Sulzer is a " commoner" through and through. 
The more you know about him — the more you see of him — the 
more you study him at close range — the more you like him 
and the more you will appreciate what he has done, and glory 
in his trials and his triumphs. He needs no eulogy His 
career of struggle for higher and better things from a. poor 
farm boy to the governorship of the greatest state in the Union 
is an epic poem. 

Mr. Sulzer is of large stature, standing over six feet in 
height with a weight of 185 pounds, which he carries with the 
grace of a trained athlete. He is abstemious; has sandy hair 



Impeachment of Governor Sulzer 275 

and steel blue eyes that look straight into yours, and read 
your innermost thoughts. During the war with Spain he 
organized a regiment of volunteers and was elected colonel, 
but for political reasons it was not called into active service. 
Two of his younger brothers — a captain and a lieutenant — 
died in the service of their country. 

At a recent banquet of the Home Rule Conference and 
Municipal Government Association of New York State and 
the legislative committee of the New York State Conference 
of Mayors, at the Hotel Ten Eyck, Albany, N. Y., Thursday 
evening, March 13, 1913, Mr. Sulzer said in part: 

" The sentiment back of the demand for home rule is the 
same sentiment that animated the patriotic fathers in their 
heroic struggle for independence. It breathes the spirit of 
the Declaration, and it voices the aspirations of every lover 
of liberty. 

" No man is more in favor of home rule than I am. It is a 
part of my political religion. I believe in local-self-govern- 
ment for village, and for town, and for city, and for county; 
and I know that the people are capable of self-government. 
A denial of this proposition is an indictment of American 
intelligence and patriotism. 

"In my message to the legislature I said: 'Let us stand 
squarely for home rule and local self-government — home rule 
for the state — for the reserved rights of the state — against 
encroachments by the central government at Washington. 
Home rule for the counties, and the cities, and the towns, and 
the villages of the state, against legislative tinkering and 
invasion.' I stand for that. There will be no step backward. 

" I believe in local autonomy as a fundamental right. The 
experience of years has taught us that many of the evils the 
people want remedied; that most of the things the people 
want done; can be remedied, and can be done, through local 
agencies, without interference by the national and state legis- 
latures. 

" Let me urge the people to be firm at all times for home rule; 
and for the rights of the people in their respective communi- 
ties to govern themselves politically, without legislative inter- 
ference except when absolutely necessary. In the future as 
in the past I shall adhere to that without deviation. The 



276 Tammany's Treason 

people can count on me, as the governor of the state, not to 
interfere with home rule in any locality if I can possibly avoid 
it. If I do interfere, directly, it must be for the general wel- 
fare, and then only in a case that rises superior to local con- 
siderations and for the good of the common weal. 

" I am now, and ever have been, in accord with that funda- 
mental principle of American statesmanship which asserts 
that the states in themselves are sovereigns, and I stand un- 
equivocally for their reserved rights against the tendencies of 
centralization of the federal government. We know that the 
states are divided into counties, and that each county, in so 
far as possible, should have the right to govern itself in civil 
and political matters. For that reason, as the governor, I am 
determined to recognise the rights of the counties in every 
part of the state through their duly constituted officials and 
their electoral machinery. 

" Then again, the counties have within their confines, the 
villages, the towns, and the cities ; and I want to see the great- 
est amount of local authority concentrated in the hands of 
the officials of these constituent parts of the counties of the 
state. 

"As Thomas Jefferson well said, ' If we are directed from 
Washington when to sow and when to reap we shall soon want 
bread.' If that applies to the seat of the federal government 
in connection with the rights of the states, it applies with 
greater force to the seat of the state government in connection 
with the rights of the counties, the cities, the towns, and the 
villages of the state. 

"We know that in the diversification of power lies the safety 
of the state. We cannot deny the proposition that one gener- 
ation is as capable as another of taking care of its own local 
affairs and solving its own local problems. Ralph Waldo 
Emerson said: 'All forms of government are ridiculous except 
those which men make for themselves.' 

"You remember Mark Twain once said, ' when in doubt 
take a drink.' My policy as governor is a little different — 
when in doubt I shall confide in the people. I enunciated that 
idea in my inaugural address, and have been practising it now 
and then as occasion arises. I know the power of public 
opinion. I believe that all the people are wiser than a few of 



Impeachment of Governor Sulzer 277 

the people. Public opinion is the safest guide for legislation 
as well as political conduct. As the Bible says: ' In a multi- 
tude of counsel there is much wisdom.' 

" Cities should be as free from interference from the state as 
the states should be free from interference by the federal 
government. Municipalities should be independent in matters 
of purely local concern, and they should have the right to adopt 
their own charter, just as the people of the state have the 
right to adopt their own constitution. Municipalities should 
have the right to call a city charter convention the same as 
the people of the state have the right to call a constitutional 
convention. 

" The trouble with the cities is not too much democracy 
but too little democracy. There is too much state control. 
We need home rule to create city democracies, like those of 
Athens and Rome. It was freedom that inspired in these 
cities local patriotism such as seldom has been equalled in all 
the annals of the world. 

" Home rule is the demand on the part of the people to be 
trusted — trusted to govern themselves. Democracy rather 
than class interest is becoming intelligently organized. With 
the growth of cities they are becoming political units of great 
importance to the state. The opponents of home rule distrust 
democracy, but I do not fear the people. I fear special privi- 
leges. Home rulers trust the people, their opponents fear 
popular control. 

" It is because of the survival of old monarchial ideas that 
our cities are not more independent. We proceed on the theory 
that the sovereignty which grants a city charter is a power 
similar to that foiTnerly wielded by kings and emperors. It is 
a concession apparently that we grant to cities power to do 
this or that. But in a republic such as ours the sovereignty 
resides in the people. The electors are the sovereigns. All 
just governments obtain their powers from the consent of the 
people. 

"We have the highest authority for home rule. Thomas 
Jefferson believed that the permanency of our nation depended 
upon distribution of the powers of government. 

" The diversification of power is necessary for the safety of 
the state. Home rule is the aspiration of the progressive 



278 Tammany's Treason 

spirit of our times, which demands that affairs of government 
shall be placed close to the people and kept there. When legis- 
lation for a community is carried on at a distance remote 
public opinion fails to properly influence that legislation. 

" Public hearings are efforts to overcome this evil. It is 
better to have our legislative body close to the community 
than to take representatives of a community long distances to 
meet the legislature. 

" Let our cities be kept as free from state invasion as the 
state is kept free from national interference. As states adopt 
their own constitutions so should cities adopt their own 
charters. The cure for the evils of democracy is more democ- 
racy." 

Mr. Sulzer, without doubt, is the best vote getter today in 
the state of New York. He has always run thousands of votes 
ahead of his ticket. He has never been defeated. He is a 
man of the people and for the people. 

He is a 32nd degree Mason, has held all the honors in the 
craft, and years ago became a life member. He is a member 
of Lloyd Aspinall Post, G. A. R.; the Army and Navy Union; 
the Eagles; the Pioneers of Alaska; the Arctic Brotherhood; 
the National-Democratic Club; Manhattan Club; Press 
Club; Masonic Club; and other social clubs in Washington 
and New York city. His church affiliations are with the 
Presbyterian denomination. His most profitable reading has 
been history, philosophy and political economy; and his advice 
to young men is to work hard, cultivate good habits, have a 
motive in life and a positive determination to succeed. 

Mr. Sulzer is making good as the governor of the people, 
and is courageously meeting the expectations and the sanguine 
predictions of his true friends. He is a very busy man, but 
his spare hours are spent in writing a book on " Political 
Economy," which his friends believe will be a standard text- 
book on economic principles. His rugged honesty, his loyalty 
to his friends, his fearless devotion to every duty, his fidelity 
to principle, his ability as a champion of the oppressed in every 
land and in every clime have made his name a household word 
among the people of America, and as an apostle of freedom 
forever enshrined him in the hearts of humanity. 



Impeachment of Governor Sulzer 279 

REPORT IN RELATION TO CAPITOL CONTRACTS 

By John A. Hennessy 

Supervising Auditor to the Trustees of Public Buildings 

(William Sulzer, Governor, Martin H Glynn, Lieutenant Governor, Alfred 
E Smith, Speaker of the Assembly) 



April 8, 1913 

On the assignment of the governor, the supervising auditor 
to the trustees made an investigation of the state architect's 
office in respect to certain contracts in the Capitol. This 
investigation was made after a committee of architects repre- 
senting the American Institute of Architects in the state of 
New York had reported to the governor that the state architect, 
H. W. Hoefer, and the deputy state architect, J. P. Powers, 
were not " by training, experience, or ability competent to 
fulfill the duties which inhere in their offices. We regret to 
find ourselves under the necessity of recommending the ac- 
ceptance of the resignations of the state architect and his 
deputy, or, wanting the resignations, their summary and 
immediate removal." 

The supervising auditor found that the state architect had 
two companies on percentage contracts wiring the Capitol. 
The state architect had made a private contract with the New 
York Construction Company, and, at the request of Governor 
Dix, had put on the Tucker Electrical Construction Company. 
Conditions revealed that the state architect was paying 
double overhead charges for supervisors and foremen on the 
two jobs and for double timekeepers. 

My investigation disclosed that the state architect against 
the protest of R. A. Sanders, superintendent of construction, 
had removed the state inspectors who took the time on these 
two electrical jobs, and had designated two men and put them 
on the payroll of the contractors. The state architect had 
also requested the Tucker Electrical Construction Company 
to remove its foreman "as a personal favor," and appoint one 
J. F. Hogan foreman of the job. 



280 



Tammany's Treason 



THE CLIiMBERS 



S THE 

SHIP 




From the Albany Knickerbocker Press 



Impeachment of Governor Sulzer 281 

The timekeeper on the Tucker contract was J. J. Gaffney, a 
sufferer from pulmonary tuberculosis. He checked up the 
material for his company and at the same time for the state — 
both material and labor. 

The timekeeper for the New York Construction Company 
was Michael J. Rooney, a marble polisher, who certified to the 
value of electrical materials, lumber, etc., and who checked up 
the amount of labor on the job. Further investigation showed 
that these two. electrical contracts were really run by W. S. 
Costa, secretary to the state architect. 

Rooney, who was put on the payroll of the New York Con- 
struction Company and checked up the materials and labor for 
the state, was designated by a political leader. This is also 
true of Gaffney. 

Padded Payroll 

An examination of the bills of the two companies showed that 
the charges for labor were entirely out of proportion to the cost 
of material, and an analysis made of the bills disclosed that 
many of the men drawing per diem wages had only a pay-roll 
connection with the work. The manager for the New York 
Construction Company in defending the bills for December, 
January and February admitted that men had been put to 
work on the order of Mr. Costa and the state architect; that 
many of the men were unnecessary, but that the company was 
directly under the instructions of the state architect and his 
secretary — it being a percentage proposition — and therefore 
had nothing to do except to carry out the instructions from the 
state architect's office. It was admitted that the labor in 
large part was wholly unnecessary, but the contractors held that 
it was not any of their business to go beyond the instructions 
of the state architect and his secretary. 

The bills of the New York Construction Company when 
checked up showed a larger percentage of material to labor by 
more than 50 per cent, than the bills of the Tucker Electrical 
Construction Company. An analysis of the work done by the 
Tucker Electrical Construction Company, which had the per- 
centage job under state architect Ware from April, 1911, to 
June, 1912, shows that under Mr. Ware the percentage of labor 
was $1.89 to $1.00 of material. The Tucker people were off 



282 Tammany's Treason 

the job from June until September, when at the request of 
Governor Dix they were given part of the rewiring of the Capitol, 
and then they came under the direction of state architect 
Hoefer, who selected their foreman for them — Hogan — and the 
timekeeper, who checked up their materials and also checked 
for the state. Up to the first of February, the percentage of 
labor was $10.94 of labor to $1.00 of material, as against $1.89 
of labor to $1.00 of material under Mr. Ware. From the middle 
of October until the 27th of November the labor was $3,002.06 
against $138.21 of material. From the 28th of November to 
the 24th of December, there was $8,502.02 of labor to $915.49 
of material, and in January there was $8,590.58 of labor to 
$782.51 of material. In the fourteen months under architect 
Ware, the Tucker Electrical Construction Company showed 
$7,188.82 for labor against $3,947.44 for material. In the four 
months under Hoefer, the bills showed $25,911.11 for labor as 
against $2,255.39 for material. 

Proved to be Fraudulent 

It was clear that the payrolls had been padded, not only as 
to actual time worked, but also as to men actually on the job. 
When asked to identify eight men down at $5.50 per day, the 
supervising auditor was informed that they were masons who 
had worked overtime in the secretary of state's office. The 
president and treasurer of the Mason's Union of Albany, 
summoned to testify as to these masons, said that only two of 
the eight were known to him and that only two of the eight 
had worked on the job. The two men who did work on the 
job, D. McKeon and J. Murphy, testified that they had seen 
no other masons at work. The president of the Tucker 
Electrical Construction Company, when asked to give the names 
and addresses of men on the payroll for amounts varying 
from $500 down to $304.44 for 27 days' work done, and down to 
$100 for the same period, could not give the addresses and said 
that they were picked up here and there and no record kept 
of them, although this is a construction company which does 
work throughout the country and especially east of Pittsburgh. 
An effort to obtain the names and addresses of men who were 
charged up with the work was fruitless. When the president 
of the corporation and the superintendent were asked to 



Impeachment of Governor Sulzer 283 

identify the men as to trades, the identification was proved to 
be fraudulent. One of the men, personally well-known to the 
supervising auditor, was put down as an electrician, when as 
a matter of fact he is not and did not work on the job. When 
summoned to testify he admitted that he had done no work of 
that kind. Just how many fraudulent names were on the rolls 
of the Tucker Electrical Construction Company, it is im- 
possible to say, inasmuch as the addresses of the men cannot be 
obtained. The total bill of the Tucker Electrical Company 
submitted up to the first of February amounts to $41,212.65, 
and with the February and March work will total close to 
$50,000. 

The work of the New York Construction Company on the 
same contract for rewiring the Capitol amounted on the per- 
centage contract up to the first of February to $30,486.22, and 
including the February and March bills will be close to $38,000. 
This company also has a lump sum contract on the west side of 
the Capitol building amounting to a trifle more than $46,000; 
so that the total of the rewiring up to date is about $125,000. 

It should be said for the New York Construction Company, 
that while it employed too many men, its work shows up 
splendidly in comparison with that of the Tucker people. 
The percentage of labor is $48.45 to $36.70 for material in 
December. In January it was $53.84 for labor to $32.05 for 
material. In November it was $46.75 of labor to $38.16 of 
material. Thus it will be seen that it was about $1.50 of labor 
to $1.00 of material, as against more than $10.00 of labor to 
$1.00 of material under a similar contract by the Tucker 
people. 

James R. Strong, president of the Tucker Company, was 
asked to give a complete analysis of the work showing the 
actual material put in, where it was put in, and the labor upon 
it. And this in turn was analyzed by Charles G. Armstrong, 
consulting engineer and architect, in the Singer Building, 149 
Broadway, New York City. 

Some Sample Charges 

This analysis disclosed that the electrical workers were paid 
$1,000 for relaying tarpaulins, moving furniture and taking up 
and relaying carpets in the office of the secretary of state, and 



284 Tammany's Treason 

$1,000 more for extra overtime on the job, making $2,000 for 
doing something which does not belong to the electrical 
business at all and which could have been done by three or four 
laborers on the Capitol. The company says they moved the 
furniture in and out every day, getting it ready for the clerks 
at 9.00 a. m., and took up the carpets and relaid them. 

The overseer on the job, that is the superintendent over the 
foreman, charged $600 for his work and then $600 for his over- 
time, together with $130 for railroad fares and expenses and 
$150 for his board, and then the company charged their per- 
centage on the superintendent's time, his overtime, and their 
percentage on his railroad fares and his meals. 

It would be burdensome to continue itemizing these bills, 
about every third item is extra for overtime. There is one item 
of $1,147.40 for overtime, and several items of an even $200 
a piece for overtime. The temporary lighting in four rooms 
included $120 for overtime, $90 for general labor; $200 ad- 
ditional for temporary light in rooms for the wiremen, $200 
extra cost for overtime; $200 for cutting granite and tile in 
the secretary of state's office, and $200 extra for overtime. 
The bill runs along in this same way. 

There was no authority from the state architect's office to 
work overtime, except an order to do so in the secretary of 
state's office, if necessary. And the contract of the Tucker 
people provided that where there was any such work, there 
should be a separate shift of men at the regular rate of wages. 
It was not within the authority of the state architect to destroy 
this contract without the assent of the trustees, but he did so, 
or the contractors say he did so, with the result that men alleged 
that they worked 20 consecutive hours a day for 27 days in 
November, for 26 days in December, and for 27 days in Jan- 
uary. The foreman on the Tucker job, who was placed there 
at the personal request of the state architect, worked 24 hours 
out of 24 hours in many instances, according to the payroll. 
The payroll is checked up by Gaffney, an admitted consumptive, 
who when called to give testimony was found to be in a hospital 
in New York. 



Impeachment of Governor Sulzer 285 

Liberal with State Money 

The consulting engineer, Mr. Armstrong, has gone over the 
itemized bill of the Tucker Company, and his report to the 
trustees of public buildings shows that under the percentage 
contract the cost for each light outlet is $100, and that a fair 
and reasonable cost — including 10 per cent, profit — should not 
exceed $39.50 per outlet. The overcharge on each light outlet 
is $60.50, or an entire overcharge in 139 outlets of $8,288.50. 
He also finds that there are 40 other light outlets charged for 
which he cannot find in the plans, or the rooms to which the 
bills refer. He also finds that the contractors gave no return 
to the state for 49 floor outlet boxes which were removed. 
He finds that skilled electricians' labor was charged for cutting 
woodwork and plaster. He finds that the sum of $1,050 is 
charged for cutting and patching walls to install 760 feet of 
conduit worth $27.05. This equals $1.25 a running foot. He 
finds a charge of $4,600 for cutting and patching to install 
3,910 feet of conduit work, or $1.17 a foot. The most liberal 
price for such cutting and patching would not exceed 50 cents 
a foot. 

He finds also that the bills were improper, inasmuch as a 
charge of $2,159.93 was improperly made in the figuring out 
of the percentage on the total of the job. This analysis of the 
consulting engineer, together with the report of the Tucker 
Company, is submitted herewith and marked Exhibit "A," to 
be filed in the minutes. 

The special electrical expert engaged finds that the plans for 
rewiring the building are incomplete, extravagant in design to 
the last degree, and indefinite as to the number of lights. The 
supervision of the work has been practically by irresponsible 
persons, and he recommends that either a blanket contract be 
made for the remaining work, or the contract be given to some 
reputable concern on time and material, plus a percentage 
with an up-set price, which he estimates will not exceed $40,000. 
The engineer on the job representing the state, and who was 
assigned to the job by the late architect, Mr. Hoefer, testifies 
that the remaining work would cost at least $110,000,"^in^his 
judgment, but Mr. Armstrong says he can now get reputable 
contractors who will give a bond to do it inside of $45,000. 



286 Tammany's Treason 

Should Not Pay Bills 

The supervising auditor recommends that in view of all the 
facts, the bills of the New York Construction Company be 
paid, and that the Tucker Electrical Company be forced to go 
to the Court of Claims and prove the value of their work and 
the actual money expended. 

In the investigation of the architect's office, it was disclosed 
that Christian Ashmusen, of Albany, who had been employed in 
the architect's office until the first of January, had received a 
contract on the recommendation of Mr. Hoefer, from Governor 
Dix, to supervise all the electrical work on the Capitol, begin- 
ning January 1, on a five per cent, basis. On the work done 
during January and February, this would give him about 
$1,500 a month, or a little more. His salary in the architect's 
office was $2,400 a year, and it was he who attempted to design 
the costly plans for lighting the capitol. The contract was 
without the authority of the trustees of public buildings, and 
Mr. Ashmusen himself has testified that he did not attempt to 
check up the labor, nor did he attempt to check up the materials 
received, but he charges five per cent, on all the materials and 
all the labor. He is willing to compromise with the state and 
would like to know from the trustees whether he is on or off 
the job. The electrical engineer engaged by the trustees of 
public buildings, regards Mr. Ashmusen as incompetent and 
inefficient, and he himself admits that he did not properly look 
after the work to which he was assigned on this percentage 
contract just before the present administration came into 
office. 

An investigation of the plumbing contract held by L. F. 
Bannon, of Kingston, N. Y., disclosed that the specifications 
had been departed from radically; that the change had been 
made without the knowledge of the trustees of public buildings, 
but had been consented to by the state architect. 

The original specifications called for Carrara glass in the 
toilets in the west wing of the Capitol. The glass for the 
wainscoting was to be three-fourths of an inch thick, and for 
the partitions one inch thick. The lintels and jambs of the 
water-closets were to be two-inch marble. The contractor 
substituted an Argentine glass for the wainscoting three- 



Impeachment of Governor Sulzer 287 

eighths of an inch thick, and the partitions are three-fourths 
of an inch thick, instead of one inch in thickness. The marble 
for the jambs and lintels was not furnished as required by the 
specifications, but even the woodwork in the toilets was 
changed without any authority from the trustees of public 
buildings and in violation of the contract. 

Experts, including one from the Pittsburgh Plate Glass 
Company, and also the acting state architect, conceded that 
the glass wainscoting, as well as the partitions in the assembly 
toilets, the only room yet finished under the contract, are 
dangerous and should be torn out. The experts also estimate 
that the contractor made about from 40 to 50 per cent, more 
on the contract by the changes in specifications. When the 
late state architect, Mr. Hoefer, was questioned, he said that 
there was a verbal understanding with the contractor that he 
was to make the state an allowance, but just what allowance 
could not be determined at the time. Since Mr. Hoefer has 
resigned, it has been discovered that instead of an allowance, 
the contractor was permitted to get an increased sum for the 
changes which were made, and in fact he received an increase 
in almost every item in the schedules of his contract. The 
acting state architect has written the Bannon Company that 
the contract must be carried out as originally agreed upon, and 
asks further authority from the trustees of public buildings to 
submit the matter to the attorney-general, so that, if necessary, 
the bondsmen may be sued. The total amount of the plumbing 
contract is $54,488 for the west wing of the Capitol. 

What the Architect Did 

In going over the accounts of the architect, it was found that 
without any authority from the trustees of public buildings, the 
late state architect, Mr. Hoefer, let to Callanan & Prescott 
the work for the marble on the third floor of the Capitol, west 
wing. Callanan & Prescott sublet this to the Vermont 
Marble Company, of Proctor, Vermont. The total is $102,900. 
Callanan & Prescott get 92 per cent, on this $102,900. The 
records show that the state architect allowed Callanan & Pres- 
cott to select the bidders themselves for the marble, open the 
bid themselves, so that it may be said in truth that there was 



288 Tammany's Treason 

no real contract on behalf of the state, and no effort whatever 
made by the state architect's office to obtain proper bidding 
for the marble. 

The contract is of course invalid, not being made according 
to statute, but as the Vermont Marble Company has proceeded 
in the belief that the work was properly ordered, the super- 
vising auditor recommends that the contract be properly 
approved by the trustees of public buildings, inasmuch as the 
marble will be necessary pretty soon, after the adjournment of 
the legislature, and probably little money would be saved at 
this period by a proper letting of the contract. Under this, the 
state, of course, is practically bound to let the Callanan & 
Prescott subcontractors lay the marble in the corridors and in 
the rooms on the west wing of the Capitol building on the third 
floor, so Callanan & Prescott will receive 9| per cent, on the 
cost of the marble and then 9i per cent, for labor in installing 
the marble, with which labor they have nothing to do. 

Gift of 94 Per Cent 

It also appears that the former state architect permitted 
Callanan & Prescott to enter into contracts with the Archi- 
tectural Plaster Company in the sum of $30,410 for plastering 
and artificial stone work in connection with the third floor 
rooms and corridors in which the marble is to be set and with 
the New York & Batavia Woodworking Company for fur- 
nishing woodwork and finish, $35,102, on the third floor. 
Callanan & Prescott sublet this work and received under 
the agreement with the architect 9i per cent, commission on 
the total of both contracts. This was done without any 
authorization by the trustees of buildings and without their 
knowledge. It was a clear gift of 9i per cent, on $102,900, on 
$30,410 and on $35,102. The state architect simply gave up 
his duties, turned his authority over to the contractors and 
paid them 9 2 per cent, on the total of three contracts. 

It is suggested to the trustees that direct instructions be 
given to the state architect that no further work of this sort 
be done, except under a contract as submitted to the trustees 
of public buildings, as was done by all architects until Mr. 
Hoefer came into office. 



Impeachment of Governor Sulzer 289 

In respect of the question whether the west wing of the Capi- 
tol should be finished on a percentage contract by Callanan & 
Prescott, the supervising auditor to the trustees has taken the 
testimony, through a stenographer, of all the gentlemen con- 
nected with the state architect's office who have any super- 
visory work. It is the opinion of the chief draughtsman, the 
chief engineer and the superintendent of construction — all 
three men named by the committee of architects as competent 
to pass judgment upon the question — that a continuation of 
the percentage contract is advisable, if the trustees of public 
buildings will give the state architect authority to decide just 
what men shall be employed on the job, that is the number of 
men in relation to the amount of work. These men concede 
that if eight riggers are doing the work of two riggers, and if 
fifty soft-stone cutters are doing work where only fifteen are 
necessary, and that fifty laborers are on a job good for only 
ten men, the cost to the state is bound to go far beyond a 
proper contract price. 

The supervising auditor, with the architect and the super- 
intendent of construction, has several times investigated the 
work being done by the contractors, and have found men some- 
times doing nothing. These men were as many as three or 
four together. And it was also found that there is a regular 
alarm signal on each floor when anybody comes along who may 
be suspected of a desire to learn whether the men are working. 
The contractors, of course, are not to blame to a very large 
extent, as they are urged by county leaders and by some 
members of the legislature, to put men to work. Where the 
acting state architect has taken men off the job, and in one case 
a particular man for violating the rule against smoking, the 
men have been put back through the influence of certain gen- 
tlemen in the Capitol not in any way connected with the trustees 
of public buildings. 

The architects who investigated the building for the governor, 
agreed that the work done by Callanan & Prescott is first- 
class in every respect, that the material is exactly as provided 
for in the specifications, and that no fault can be found with 
their work, beyond the question of an over-plus of labor, which, 
of course, fattens the percentage contract. 

In the week ending February 14th, there were 493 persons on 



290 Tammany's Treason 

the Callanan & Prescott payroll. On March 26th, through the 
efforts of the acting state architect, this number was reduced 
to 427, and a further reduction has brought the number under 
400. This, however, means a weekly payroll of more than 
$8,000, and it is respectfully suggested that if a percentage 
contract is to be carried on, a resolution be adopted providing 
that all men shall be employed on the job through the state 
architect, and that the state architect have authority to say 
how many carpenters, how many riggers, how many foremen 
of carpenters, how many stone-cutting foremen, and granite 
cutters, et cetera, shall be employed on any given amount of 
work. Should this be done, the percentage contract could be 
carried out with success for the state, and with speed which 
would permit the finishing of the building before the first of 
next January. 

Contract Without Authority 

The supervising auditor finds that aside from the marble 
architectural and woodwork contracts, which, in a peculiar 
way, were let to Callanan & Prescott without any authority 
from the trustees of public buildings, a most unusual contract 
was let to them without any authority in law. This was to 
purchase furniture from January 1st up to and including 
March Uth for various rooms in the senate and assembly 
committees. It seems that the orders came from legislative 
officials. The total purchases amounted to $11,097.85 for 
furniture and carpets, the furniture comprising desks, chairs, 
tables, et cetera. This furniture was purchased at the highest 
retail prices, through the superintendent of public buildings. 
Mr. Callanan cheerfully admits that he had nothing to do 
with the purchases, but that he was informed by some one 
that there was no money to buy furniture, and that he lent his 
credit to the state, for which he charges 9i per cent, on the 
bill, his profit being $1,054.30, making the total purchase of 
furniture amounting to $12,152.15. 

The proper way, of course, was to have this done through the 
state architect's office, and have estimates made and bids ob- 
tained from furniture dealers and carpet dealers direct. An 
investigation shows that various typewriter desks, mahogany 
divans, mahogany chairs, sectional book cases, et cetera, were 



Impeachment of Governor Sulzer 291 

bought at prices at which any person could purchase one desk 
or one chair, and that there was no attempt made by anyone 
to conserve the interests of the state. 

The purchases were made without any authority in law and 
the supervising auditor requests that he be instructed as to 
whether he audit the bill as presented. 

On February 14th, 1913, William W. Armstrong, of Rochester, 
a lawyer, presented to the trustees of public buildings a claim 
of the R. T. Ford Company amounting to $93,397.95 for work 
on extras alleged to have been necessary on the educational 
building. The demand of the Ford Company was referred by 
the trustees of public buildings to the supervising auditor, to 
transmit the claim to the architects of the educational building, 
and they reported specifically on each item. They say that 
the Ford Company has grossly misrepresented the situation 
and that they are not entitled to a dollar of the amount claimed. 

Attorney-General's Opinion 

After receiving the report of Palmer, Hornbostel & Jones, 
the architects, the supervising auditor sent the claim of the 
Ford Company, together with the communication of the 
architects, to the attorney-general, and the attorney-general 
has returned an opinion in which he advises the trustees of 
public buildings that the Ford Company has no claim of any 
sort against the state. 

The correspondence between the counsel for the Ford 
Company, the architects and the opinion of the attorney- 
general, is herewith submitted and marked Exhibit " B." 

Palmer, Hornbostel & Jones, architects for the state educa- 
tional building, submitted to the trustees of public buildings 
on February 8th, a schedule of items which they believed 
ought to be approved by the trustees, and amounting in all 
to $194,503. The matter was referred to the supervising 
auditor and the acting state architect, who went to the state 
educational building and saw all the persons in interest and 
investigated each item. The acting state architect recommends 
items which with the architects' commissions and expenses will 
total $52,575.90, as against the items asked for by the edu- 
cational building architects of $194,503. 



292 Tammany's Treason 

The items disallowed included $25,000 for a bronze alle- 
gorical sculptured clock; $15,000 for metal vases on the Wash- 
ington avenue front to complete pedestals along the Wash- 
ington avenue front; $3,500 for additional cost of a bronze 
candelabra; $4,000 for drives about the north wing; $15,000 
for new pedestals for Washington avenue, for the candelabras, 
and lesser items relating to plastering, mouldings, ventilation 
and painting. 

The entire list asked for by the architects, together with the 
report of the State architect, and supervising architect, will be 
marked Exhibit "C." 

It should be said in relation to the $25,000 clock, that in the 
report to Governor Dix it was proposed to put this clock in at 
$15,000, but that afterwards the architects wrote saying that 
the amount was a typewritten error, and it should have been 
$25,000. The contract for this clock was signed by Governor 
Dix, but never was formally approved by the trustees of 
public buildings, nor by the attorney-general or the state 
architect. 

The consulting engineer employed by the trustees of public 
buildings has devised a plan for electrical wiring of the re- 
mainder of the building which will reduce the cost very much 
by avoiding much cutting of stone. Also he has discussed with 
several electrical contractors the question whether their men 
would not agree to waive their rights in the premises and let 
the Albany Bricklayers, Masons and Plasterers' Union have 
its way. The contractors were thoroughly willing to go ahead 
with the work and supply men, if necessary, from New York, 
who will do it. This seems to be the only way of averting 
more delay on the building. 

A compilation of the money paid so far on the Capitol shows 
that there has been expended directly or indirectly in payments, 
or on contracts which have been let that are yet unfinished, a 
total of $1,967,574.92, in addition to $100,000 appropriated 
immediately after the fire for emergency work. The appro- 
priation in 1911-1912 was $1,500,000 for general rebuilding. 
There is a deficit now of $467,574.92. The state architect and 
Callanan & Prescott estimate that it will cost $1,000,000 more 
to finish the building, and $100,000 for equipment, mainly 
filing cases and furniture. It is agreed that the Capitol can be 



Impeachment of Governor Sulzer 293 

finished by the first of January if the strike can be immediately 
settled. The appropriation therefore which must be made by 
the legislature would have to be $1,100,000, and an additional 
appropriation of $467,574.92 to make up the deficiency. The 
state is now indebted to Callanan & Prescott in the sum of 
$225,000. They have gone along with their payroll, which 
averages $9,000 a week, and have, they say, borrowed money 
from the banks in order that the work should be continued 
pending an appropriation by the state. On March 13th the 
state owed Callanan & Prescott $214,292.56. The total to 
Callanan & Prescott, including their sub-contract, amounted 
up to March 8 to the sum of $1,444,272.75. 

The state architect had made a complete report on all the 
work done and it will be filed in the minutes, and marked 
Exhibit " D." He has also made for the trustees a complete 
report of what he believes will be necessary for the completion 
of the Capitol, and this itemized report is herewith submitted 
and marked Exhibit " E." 

The supervising auditor has had prepared a list of men 
employed by Callanan & Prescott on the Capitol, together 
with the persons whose influence put them to work. This list 
covered all employees on March 26th and another list covers 
all employees on February 14th. In the list of March 26th, it 
will be noticed that very many of the men put to work as 
carpenters, riggers, granite cutters, soft-stone cutters, banker- 
men, rubbers, and laborers, were certified to and employed by 
Costa, the discharged secretary of the state architect's ofhce. 

An entire list of the men employed, together with their 
recommendations for appointment, is herewith submitted and 
marked Exhibit " F." 



294 



Tammany's Treason 



IT IS TO LAUGH!" 




From the Albany Knickerbocker Press 



Impeachment of Governor Sulzer 295 



REPORT BY JOHN A. HENNESSY 

Commissioner under the Moreland Act to Investigate the Several 
Departments of the State Government, August 18, 1913 

The indictment of Bart Dunn, Tammany Hall member of 
the democratic state committee, and of William H. Whyard, 
the real democratic boss of Rockland county, marks the 
beginning in the courts of the work which Governor Sulzer 
set out to do four months ago. 

The other men indicted were tools of bigger men in the 
democratic administration under Governor Dix. All the 
men, big and little, in the state can be brought to trial, and all 
the highway frauds, big and little, uncovered. 

The cases in Rockland county differ in no material respect 
from those in other counties. The work was about 70 per 
cent, fraudulent and the state got 30 cents on the dollar. 

The Rockland county cases were presented to the district 
attorney there seven weeks ago, but one legal knot after 
another came in the way to delay a grand jury investigation. 
Similar difficulties in legal procedure and the necessity for a 
certain line of proof have delayed the presentation of cases in 
other counties. Several of these cases are now ready for 
grand juries. 

As these cases develop the electors of New York state will 
learn that the political organization, so-called democratic, 
captained by Charles F. Murphy in New York city, by William 
H. Fitzpatrick in Buffalo and by William H. Kelley in Syra- 
cuse, is organized to loot the treasury and regards every honest 
man as its enemy. 

It is for the people of the state now to say whether the 
highway frauds shall be laid bare up to the point of getting all 
the criminals. It is a big job for big men and it needs money. 

Three months ago when Mr. Murphy's legislature found the 
governor was in earnest in his promise to uproot all frauds, Mr. 
Sulzer s contingent account for investigation was cut off and he 
was left without a penny. I was asked by him to investigate 
highway contracts in a state nine times the size of Massachusetts 
and to do it without a force of trained investigators and road 
engineers. A private appeal to a dozen men brought small 



296 Tammany's Treason 

results in money. It seemed impossible to interest them in a 
situation that involved millions of the public funds. The work 
as it slowly progressed pointed unerringly to a sinister story of 
graft in almost every state department. My commission under 
the Moreland act was broadened by the Governor, so that I might 
take up all the strings as we found them. 

There is enough of proof today outside the highway depart- 
ment to make it vital that the good citizenship of the state 
shall free the government from existing conditions, uncover 
all the grafters and lay bare the state comptroller's office. 

I have had three road engineers, and, until I could no longer 
pay him, an accountant in the work of disclosing the highway 
frauds. I have been assisted by special investigators from 
time to time, whenever I could afford to pay for this form of 
work. The small staff under my direction has had to confine 
itself to one county at a time, and embarrassed by lack of 
information owing to the theft of necessary records from the 
highway department. 

I have complete cases now in seven counties, splendid tes- 
timony to the unselfish work of these road engineers who in 
the beginning paid their own maintenance and other expenses, 
as I had no funds. Had the legislature not cut from the supply 
bill the governor's item of $30,000 for investigations, I could 
have enlarged my force so as to cover all the counties and 
obtained evidence sufficient to lay bare the entire conspiracy 
to rob the state of its highways for the enrichment of politi- 
cians and contractors. 

Even with what we already have accomplished I believe it 
is now possible to get at the top, and at the top are several 
high state officials whose enmity to Governor Sulzer began 
when he appointed me to run down graft. 

At the top, too, are men whose members of assembly voted to 
sustain the governor on direct primaries, but who joined the 
impeachment crew when it became evident four weeks ago that 
nothing but lack of money could stop complete graft exposures 
in this state. 

A concise story of the Rockland county frauds will do to 
illustrate the conditions in the remainder of the state. The 
conditions are not better but may be worse in other counties. 
Bart Dunn, Tammany hall chieftain on the East Side, got 



Impeachment of Governor Sulzer 297 

a " contract " to lay a concrete road four inches deep and 
less than three miles long on top of a fine old macadam road 
in Rockland county. The concrete was to be screened washed 
gravel, approved sand and cement. The road was to cost 
$31,000. Instead of buying gravel for use in making the 
concrete, Dunn took the old stone belonging to the state out 
of the macadam road, mixed it with poor sand and an in- 
sufficient amount of cement, and called it a concrete road. 

This did not satisfy his appetite for graft. For a distance 
of nearly a mile he did not lay any concrete. He simply 
mixed some sand with the old stone, placed it in the road and 
and then covered it with a cement grout about one-quarter 
of an inch thick. Even this robbery of the state was not 
sufficient. The concrete road was to be four inches thick. 
The depth of the loose stone and concrete found averaged 
two inches in depth for more than two-thirds of the road. 
Of course this road went to pieces before it was finished, but 
notwithstanding the protests of property owners, the depart- 
ment of highways, through its various officials, accepted the 
road, and paid the contractors in full. 

Perhaps more interesting, as a bit of deviltry in road build- 
ing, is the contract for resurfacing another Rockland county 
road for which William H. Whyard, local Democratic boss, 
and others have been indicted. This road was to have a new 
top three inches deep on a surface a little more than four 
miles long. It was one of those " contracts " handed over 
night. Sometimes over the telephone. Notwithstanding the 
state supplied the asphaltic oil for the bituminous top, the 
cost was to be $26,000. After the " contract " was signed, it 
was decided to make the surface four inches deep and an 
additional $10,000 was allowed in a " supplementary agree- 
ment." 

Investigations directed by me, after I had twice visited the 
highway, disclosed that the top surface of the road instead 
of being built four inches deep averaged less than two inches 
in more than one-half of the road. For four-fifths of a mile 
the contractor did not put in a new surface at all, but covered 
the old macadam road with a light asphaltic oil. He thus 
robbed the state of all new stone he charged for and was 
paid also for the placing and rolling of this stone as well as 



298 Tammany's Treason 

for the manipulation of asphalt never used in the penetration 
and binding of the " phantom " stone. 

Even with this fraud there was not enough of clear profit to 
go around for everybody. The contract called for a road sixteen 
feet wide. In some places the road is only eleven feet wide and 
generally thirteen and one-half feet wide, which means a steal 
of at least 30,000 running feet in a road four miles long, each 
foot four inches deep. This missing stone was charged and the 
contractor paid for penetrating it with asphalt oil. 

The remarkable condition here is that the defendant, Why- 
ard, otherwise the Aetna Contracting company, built a road 
half as deep as the specifications demanded, a much narrower 
road and was paid in $10,000 excess of the original contract 
price. 

Let it be understood that these are not the only crooked 
roads in Rockland. Each road takes a week of expert inves- 
tigation and analysis; then another week of careful prepara- 
tion for the district attorney. With my little staff of three 
men it was necessary to pull up stakes at Rockland if the 
conspiracy which has made a sham of our highway system 
was to be uncovered. 

In more than forty roads examined in twenty-two counties, we 
have found only three that pass muster, and only one that is 
clean all the way. There are men now congratulating themselves 
that they are immune from discovery and prosecution. They 
assume this because we have not been in their counties. We have, 
however, analyzed their contracts, the time in which the work was 
done, and the reports as to material, etc. Fraud stands out as 
clearly as a mountain peak from a valley. All we need is the 
men and the time to get the legal evidence. 

Facts cannot be destroyed in a road less than a year old, 
and many of these roads are not nine months old. As we 
want no indictments where we cannot be equally sure of 
convictions, we have not busied ourselves with openly fraud- 
ulent roads finished in the first year of the Dix administration. 
No petit jury probably would convict on the conflicting tes- 
timony which would be produced. The frauds of 1911, 1910 
and 1909 in road building will have to go unfinished unless 
some genius as a lawyer proves able to piece certain circum- 
stances together and strong enough to overcome the volume 
of defensive testimony. 



Impeachment of Governor Sulzer 299 

When this road investigation began, democratic leaders 
warned Governor Sulzer that he would not be able to get 
back to the highways of Governor Hughes' time, and that 
the net result would be an attack on the previous democratic 
administration, which, they said, was no worse than under 
republican auspices. 

I rather think they were correct in their general statement. 
Roads built in 1910 were resurfaced last year at great cost. 
This, of course, proved the 1910 roads, so repaired, to be 
badly constructed. The repairs wiped out all the original 
evidence that would be good in law. More startling, however, 
is the fact that the repairs of most of these roads last year was 
a mere sham. 

I cannot specify them now as to location, as some are 
already singled out for grand juries, and others will be reached, 
if we get the financial assistance necessary in a big job of this 
kind. I predict, the "good roads" of this state built in the 
last four years will need within 24 months at least $6,000,000 
for repairs. The best roads in the state, bar a few, are those 
built prior to 1908. Some of them are almost as good as new 
today. The men who built them were crowded out of business 
by the contractors' ring. These contractors stood in with 
crooked division engineers, and honest road builders couldn't 
make enough to feed their horses and maintain their plants. 
The story of this, however, is for another day. 

As to present conditions, let me say that a new road accepted 
on February 26 of this year is now advertised for repairs; 
that another road finished this year is also on the list for 
repairs despite a cost of $15,000 a mile; that roads finished in 
December of last year are already full of ruts; that roads not 
yet completed but let under the Dix administration are a 
joke upon state government; that the road inspectors and 
engineers are almost as a whole incompetent or dishonest, or 
merely automatons for political bosses. 

The men put upon the roads by the democratic state adminis- 
tration last year were more than two-thirds in number 0-K'd by 
Thomas F. Smith for Tammany, by John F. McCooey, by 
Fitzpatrick of Buffalo, and by Kelley of Syracuse. Some of 
them were barbers, some of them were liquor dealers. Some of 
them had no known vocation. The remainder were appointed 



300 Tammany's Treason 

by members of the state committee in their respective districts. 
They were ward heelers pure and simple. These men named to 
watch contractors were largely nominated in the first place by the 
contractors interested. Some of these fellows rarely saw the roads, 
but cheerfully signed estimates every month upon which bills were 
paid. They certified to the arrival of material that never was 
delivered. 

I am making only a surface review of the conditions. In 
the main office in Albany things are worse than on the road. 
Contracts, as I shall prove, were approved when most of the 
work was done. So-called bidding was the broadest sort of 
farce. The man who gave up readily and freely was the best 
thought of. Such a man could put gravel and sand upon a 
road instead of the imported stone his contract called for. 
Such a man could put decayed stone in a roadbed instead of 
material from a quarry. Such a man could take stone fences, 
bury them in the road, charge for rock excavation and then 
for sub-base. Such a man could steal oil from one road and 
have it delivered on another job. The game of give and take 
was reduced to a well-handled if crude proposition. 

The first deputy commissioner of highways told the contractors 
when to pay their campaign contributions, how they should 
execute their bonds with C. F. Murphy, Jr.'s, Bonding Company, 
how they could get along best in the new road combination brought 
to its highest criminal efficiency in the last year of the Dix ad- 
ministration. 

All the things I say, and much I cannot reveal, can be made 
clear to all the people if the newspapers and public opinion 
will force the fight on graft. The fight will be one of magni- 
tude, and one which will be won only by resolute men amply 
equipped against resourceful enemies. The fight properly 
begun cannot be lost, and is bound to purify public life for a 
period of years. 

// is a much bigger struggle than the fight against Tweed and 
Samuel J. T Men's fight against the canal ring. In the en- 
trenchments of the thieves will be found men who have been elevated 
to high and supposedly virtuous office, and men who have today 
the confidence of their fellow citizens. 

The trail of graft will run from the Comptroller's office into 
the banks and out again. The misuse of the excise department 



Impeachment of Governor Sulzer 301 

will leave, when exposed, a trail of shame, and blacken some of 
the men now loudly crying for the life of the governor. 

When the story of the canal system is told, the highway 
thefts won't look so big. When the state election department 
is fully investigated the people will stand aghast in contem- 
plation of the men selected to give them pure elections. In 
my commission from Governor Sulzer I have gone into the 
departments named just enough to cut the surface. I had a 
few personally selected volunteers and one or two investi- 
gators to assist me from time to time. I have lacked the money 
to sink the probe, but as I begun the work the "system" soon 
took notice. A complete detective service trailed me and 
several volunteer workers. I shall not now recite the obstacles 
but will say that the grafters never go to sleep at the switch. 
Lest something might be overlooked they shadowed my wife 
and my daughter. 

Alleged friends have been thrown up against me in the hope 
of making situations that would force me into unenviable 
positions. Twice I have escaped by sheer good fortune from 
incidents that any innocent man would have found himself in, 
however hard to explain to enemies; and once w thin ten days 
a well-considered " plant," known now and proved to a dozen 
of my friends, was made fruitless by straightforward action 
wh ch at the time looked like criticism of the governor's 
judgment. 

I am simply a small agent in the fight against graft, yet 
Tammany senators whisper in confidence to other men that 
I am or have been an embezzler and am or have been a taker 
of graft. The head of one department tells in confidence how 
he will make Stilwell appear not half the crook I am. These 
political grafters and character assassins pay their attention 
to me, a simple agent of Governor Sulzer — an agent bent upon 
revealing what can be discovered without adequate organi- 
zafon. Is it any wonder, therefore, that they so fiercely 
attack their own governor, who four times declined to revoke 
my commission and who declined to stop investigations which 
would lead to state-wide exposure? 

It is not my place to defend Governor Sulzer from recent 
charges nor would it be proper, but I would be untrue to 
myself were I to pass without comment the most vital point 



302 Tammany's Treason 

in these graft investigations. I offered to efface myself two 
months ago and again six weeks ago when men who call them- 
selves leaders in the party warned the governor that his in- 
vestigations would wreck the organization. All their enmity 
was aimed first at me and then blazed with fury at Mr. Sulzer 
when he sent for the district attorney of several counties and 
outlined the testimony I was gathering. 

No one better than I knows that had the governor agreed 
not to execute his oath of ofhce he would be today unchallenged 
in his place as the Executive, no matter what other bitterness 
might be displayed against his independence of boss control. 
His inflexible determination to go after all the looters and his 
purpose to begin with the indictment of Bart Dunn, a member 
of the state committee from Tammany Hall, ended all rela- 
tions. Then the savagery of recent events took life in a con- 
ference held by Charles F. Murphy. 

" It's his life, not ours," was the way one Murphy leader 
put it to a group of newspapermen. 

For grand jury reasons this narrative is lacking in some 
essential statements now probable. There are two things to be 
done at once. 

First. Money and tnen should be forthwith provided for the 
further exposure of the highway frauds and the graft allied with 
them. This is the most important question at the moment. The 
conditions I have unearthed in Rockland are state-wide. They 
reveal a conspiracy against honest government. They call for 
resolute action and for swift punishment. They reveal an extra- 
ordinary condition of blackmail which it is not wise for me to 
specify by detail, at this time. 

Second. Every earnest effort of every good citizen and every 
good newspaper, regardless of politics, should be put forth night 
and day for the election of an assembly independent of the bi- 
partisan bosses, one that will be able to probe all the way into 
every department of state government and uncover the silent 
partners outside who have made honest administration a joke. 

I shall supplement this highway story with another, giving 
a flash of the graft in this and other departments and defining 
the issue which has made Murphy of New York, Fitzpatrick 
of Buffalo and Kelley of Syracuse decree political death to 
those in their own party who care to be honest in office. 



Impeachment of Governor Sulzer 303 

REPORT ON AUBURN PRISON 
By George W. Blake 

A special commissioner appointed to investigate prisons and 
reformatories of this state 

Hon. William Sulzer, 

Governor State of New York, Executive Chamber, Albany, 
N. Y. 

Sir. — Herewith is a report of the investigation made by me 
of Auburn Prison, under authority vested in me by your 
commission of the 14th inst. Included in this report you have 
a summary of the report made by an accountant who examined 
the books of the prison, all of which is respectfully submitted 
together with the testimony. 

Introduction 

I have found in Auburn Prison brutality, violation of the 
law, waste and general incompetency. Twenty-eight prisoners 
have become insane during the last twelve months. The 
testimony of trustworthy witnesses indicates that cruel punish- 
ment deprived some of these prisoners of their reason, that 
the prison doctor is careless and unfeeling, and that he has 
repeatedly refused to attend upon women during confinement. 

More than three thousand pounds of food is thrown into the 
swill barrel every week. This refuse was weighed as it came 
from the tables. Sworn testimony proved that the waste had 
been going on for two years, at least. 

The current report of Warden Denham recommends an 
appropriation of $75,000 for centralizing the boilers and $4,000 
for a filtration plant. The testimony also shows that the ex- 
penditure of any money for these purposes would be useless, 
that nothing would be gained by relocating the boilers, and that 
a filtration plant is not needed. 

A careful examination of the workshops reveals a cash 
investment by the state of $535,492.05 and shows that the 



304 



Tammany's Treason 



DARBY AND JONAH 




From the Albany Knickerbocker Press 



Impeachment of Governor Sulzer 305 

proceeds from the sale of manufactured goods are decreasing. 
A comparison of the first five months of the fiscal year with the 
same period a year ago, exhibits a falling off in production of 
more than $20,000, and a decrease in gross profits of $8,400. 
The entire industrial plant has been conducted in opposition 
to the public interest, and solely in the interest of individuals. 

It is my opinion that the whole industrial matter should be 
the subject of a special investigation. I do not believe that the 
gross mismanagement of the industrial part of the prison has 
been due solely to carelessness or incompetency. 

The state has been supporting a number of fine horses and 
vehicles for the pleasure of the warden. The annual cost of 
maintaining this luxury is an unnecessary burden upon the 
people. The value of the horses and vehicles is at present 
$2,500. 

It is difficult to imagine a worse condition of affairs. Later, 
if you please, I will supplement this report by suggestions 
tending to reduce the cost of maintenance and production and 
for the improvement of the general condition. I recommend 
now as speedy a change as possible in the wardenship, and the 
creation of a bureau for the purchase of all the supplies used 
by the prisons and reformatories. 

I would also recommend that these prisons be kept as units, 
so that each one may have its own appropriation, its own 
allotment of supplies, and be compelled to stand upon its own 
feet. The present method seems to have been adopted because 
it was a good method to cover up defects; in other words, so 
that there would be a general average in bad management and 
extravagance, and no one prison could make a better record 
than another. 

It is my opinion, based upon facts gathered from the testi- 
mony, and by personal investigation into the various depart- 
ments of the prison, that it would be possible to reduce the 
cost of maintaining this prison $75,000 a year, and at the same 
time to improve its general condition. 

The legislature of 1912 appropriated $6,000 for a new in- 
dustrial office. This office is not needed. The appropriation 
runs out in two years. I suggest that it be permitted to run out. 



306 Tammany's Treason 

General Administration 

Lack 0/ Efficiency and Culpable Carelessness in handling slate's 
money and materials 

The entire administration of the prison is lacking in almost 
every essential for efificiency. There is no real supervision, 
every one of the ofificials appearing to do as he pleases. If the 
warden or superintendent Scott wanted information concerning 
any special department the man in charge of that department 
was called to the warden's office. Neither the superintendent 
nor the warden, nor any other official, having the right to 
suggest better methods, or to command them, ever paid 
adequate attention to the prison management. Mr. Mills, the 
sales agent, was permitted full control over the shops. He 
appointed himself state superintendent of industries, and gave 
orders to the employees. In every case these orders were 
obeyed. He was recognized as the master in all industrial 
matters. Why he was permitted to exercise this authority 
must remain for a time a matter of conjecture. Under his 
control the shops were kept busy making articles that were not 
saleable. Complaint has been made of the lack of storage 
room. There are about 18,000 Warren desks stored in the 
prison grounds now, and 12,000 more in course of manufacture, 
and yet the cry is for more money to increase the operating 
space. The desks which they make are those on which a royalty 
has to be paid. Any other kind of desk would be just as satis- 
factory. 

I cite the two following instances to show how bad the 
industrial management is: 

Baskets weighing about thirty pounds that were made in 
Auburn prison were shipped to the Riverside Hospital in New 
York. The charge for the baskets was $15. The cartage from 
the Grand Central freight yard in New York City to the hos- 
pital was $12 and the bill was O. K'd by F. H. Mills. It 
appearing certain that the hospital would object to this charge 
the amount for cartage was reduced to $3, and the remaining 
$9 was charged up against the cost of manufacture. It did 
not seem to occur to anybody here that the bill of the truckman 
should be disputed. He is allied with a strong political faction 
in New York. 



Impeachment of Governor Sulzer 307 

A stool was made in Auburn prison at a cost of seventy cents 
and shipped to Dannemora. The carrying charges were 
seventy-eight cents. 

It frequently happens that goods made here and shipped to 
New York had to be renovated at something like two-thirds of 
what it costs to make them. Bills for renovating and repairing 
newly made articles are from $400 to $600 a month. The 
man having this contract is also allied with some strong 
influence in New York city. If the men in charge of this 
prison did not share in this graft they certainly permitted its 
creation and continuance. 

One glaring feature of the wrongs inflicted upon prisoners is 
that of fines, and this will be elaborated when a report making 
suggestions is made. 

The pro rata cost of feeding the prisoners, as it appears in 
the records, is a false pro rata, because it includes food con- 
sumed by others than the convicts. 

The man in charge of the boilers and machinery says that he 
spends over $300 and $400 a month for incidentals. These 
charges were outside of the estimate for maintenance. 

There are three boilers for heating, and nine for power. Any 
sort of proper management would recognize the advisability of 
using electric power and individual motors for the running of 
the various shops. But, instead of that, an expenditure of 
$75,000 has been recommended to take all of these boilers up 
and concentrate them in one spot. This is an outrageous 
suggestion, because such a concentration would be useless, and 
would result in the abandonment of many of the boilers that 
are perfectly good where they are. There is testimony to the 
effect that even if it were necessary to concentrate these 
boilers, it could be done for about half of the appropriation 
asked for. 

There is a wide difference in the testimony concerning the 
consumption of coal. I did not have time to give this par- 
ticular matter as much attention as it deserved, but I think it 
would bear close inspection under a new prison administration. 

The man in charge of the boilers for the women's prison 
swore they consumed 1,200 to 1,500 tons of coal a year, while 
the same service ought to be procured at a consumption of not 
more' than 780 tons. 



308 Tammany's Treason 

The total amount of money expended from "special appro- 
priations" from January 1, 1911, to April 1, 1913, was 
$52,034.12. The monthly average was $1,927.19. The prison 
has been carrying a shortage on its books of $2,895.51, which 
occurred under B. Frank Weinegar while he was a clerk in the 
prison. This shortage has never been made good although 
Mr. Weinegar and the assistant clerk were under bonds. One 
of these bondsmen was Arthur M. Ward, of Jamestown, N. Y. 

The law gives the agent and warden the power to collect this 
debt but he failed to take any steps in this transaction. Weine- 
gar is still employed in the prison as correspondence censor. 

The method of having all the supplies bought for the male 
prison and certain portions transferred over to the female 
prison, makes it possible to juggle the accounts, and to show 
unwarranted charges for supplies for the women's prison. 
This alone shows the necessity of adopting the suggestion that 
each prison be treated as a unit. You will see ample and cor- 
roborative reasons for this suggestion in the testimony which 
accompanies this report. 

I want to say once more, that there has never been any 
inspection or supervision, or useful suggestions, either by 
Colonel Scott or Warden Benham, toward more efficient 
management of this prison, better control of the institution, or 
its conservation in the public interest, so far as I have been 
able to learn. 

The Prison Doctor 

Charged with the neglect of the sick and brutality toward prisoners 

The physician of the prison has held that place since May 8, 
1898. He is an autocrat. Abundance of evidence shows that 
he is brutal in his treatment of the sick, neglectful of their 
needs and that he flagrantly violates that section of the prison 
law which defines his duties. No effort has ever been made by 
any of his superiors to compel him to moderate his severity or 
stop him from compelling sick men to expose their persons for 
examination before their associates or to curb his intolerant 
and incompetent administration. I realize the fact that these 
are severe charges — so severe that I did not call the doctor as 
a witness, because I feel that his administration of the hospital 
should be the subject of a thorough investigation by a grand 
jury. 



Impeachment of Governor Sulzer 309 

The bulk of the evidence gathered against this physician 
comes from persons other than convicts. I was careful in this 
matter. 

Severity Causes Insanity 

You will find attached to this report the statement of a man 
whom you will recognize as being entirely trustworthy and who 
declares that during the past year a number of persons have 
gone insane after punishment inflicted by orders of this phy- 
sician. 

You will read of men that have been confined in cells for long 
periods, and that they come out of these cells with shattered 
nerves, and with every reason to believe that they will never 
recover their health. 

This doctor has absolute control over the sick. At a time 
when men should receive humane treatment they go under the 
control of this physician who treats them in a more brutal 
manner than they are ever treated when they are well. 

Every nook and cranny of the prison reeks with tales of the 
cruelty of this man. I was not able to discover that either the 
warden or Colonel Scott or any of their subordinates ever made 
any attempt to protect the defenseless sick from this treat- 
ment. Once under this doctor's care the men are in a des- 
perate plight. 

If he desires, he has the power of ordering into an isolation 
cell any sick man he pleases and the unfortunate prisoner 
immediately falls under the suspicion that his mind is un- 
balanced. Here is some of the testimony: 

Q. What would happen if a man became insane? A. Why, 
there are so many men that are put in that condition we have 
to send them up to Dannemora for being insane. 

Q. When the men came here were they apparently sane? 
A. Yes, sir. 

Q. Were they long term prisoners? A. Not all of them. 

Q. How long had the men been here on an average? A. 
Some had not been here over a year. 

Q. Quite long enough to have this system affect their minds? 
A. Yes. Some of the men really grew insane from evil habits. 
This, of course, hastened their insanity. But I have had them 
appeal to me for relief, and when I tried to do something for 



310 Tammany's Treason 

them I was told I was interfering with the doctor's prerogatives. 
Nothing would be done, and the men would lose their minds, 
and we would ship them off to Dannemora. 

Q. Did you ever notice the condition of any of the men after 
leaving these cells. A. I have. 

Q. What was it? A. They were exceedingly nervous. I 
have often gone down to visit the men while they were in the 
cells, and looked through the little openings, and it was so dark 
in there that I could not see them. A great many of them have 
broken down; some of them are alifected for life. 

Q. So far as you know, a man is punished that way without 
any regard as to whether he is a strong man or a weak man? 
A. I have never known of any distinction being made. 

Q. Do you think punishment of this character is necessary? 
A. I would say that it was not; I should say they should have 
enough water to drink, and enough bread to eat; and I think 
they should have bedding to lie on. 

Q. They are punished in a three-fold manner; by depriving 
them of water, light, and by creating physical discomfort? 
A. I consider it a more crying shame to have them square- 
chalked, which leads to insanity. I have seen boys break down 
completely, and beg to me to get them relief. 

Q. Is it your opinion that a man might remain normal 
throughout his life, and become insane through this treatment? 
A. Yes, through being square-chalked. Yes, I know it to be so. 

Q. How often was the superintendent here? A. Well, I do 
not know ; he was here three months ago. 

Further testimony was to the effect that one man is now 
confined in one of these cells who is on the verge of insanity. 

Cruelty to Refractories 

Refractory prisoners put in cells for punishment have only 
two gills of water every twenty-four hours. The doctor fixes 
this amount and declared it was sufficient to maintain life. I 
weighed the measure used in supplying the prisoners with 
water and found that its weight was eight and one-half ounces. 
If these punishment cells were lij^ht and sanitary the punish- 
ment would be very heavy; but the fact is, that these cells are 
only eight feet two and one-half inches long, four feet seven 
inches wide and eight feet high. They are perfectly dark and 



Impeachment of Governor Sulzer 311 

the only ventilation comes through the iron doors. There is 
no furniture whatever in the cells, except a quart can into which 
the scanty supply of water is poured. The floor has four rows 
of iron rivet heads that make a recumbent position practically 
impossible so that a man is deprived of his sleep and rest as 
well as his food, drink, air and light. This punishment is 
worse than the old stringing-up machine and other modes of 
physical torture that have been abandoned by the state, 
because it affects the victims nerves as well as his brain and 
body. 

Neglect to Invalid Women Prisoners 

The treatment by the doctor of some of the unfortunate 
women prisoners confined in the women's prison is even worse. 
In some respects it is horrible. During the last twelve or 
fifteen years there has been an average of one child-birth a 
year, and sworn testimony, amply corroborated, proves that 
in these cases the unfortunate women have been left entirely 
to the care and mercy of convict nurses, some of whom' were 
convicted for abortion. One of the women who served in the 
capacity of nurse and physician was Augusta Nack, who was 
convicted of complicity in the brutal murder of Guldensuppe. 
Although the women prisoners are bad women, no man with an 
humane feeling or imagination can fail to realize the terror of a 
woman lying in child-bed and being attended in the dim watches 
of the night by such a woman as Mrs. Nack. 

Here is part of the testimony given by a woman who was 
matron of the women's prison for eighteen years: 

Q. Were any children born in the women's prison. A. Yes, 
during my time about eighteen. 

Q. How many during Warden Benham's administration? 
A. Approximately, five or six. 

Q. What kind of attendance did the inmates receive when in 
childbirth? A. Not any, only from midwives. 

Q. Do you mean to say from women who were in prison 
through their criminal practicing of medicine? A. No, from 
practicing abortion. 

Q. Was it not the physician's duty to attend to these un- 
fortunate women? A. It was, but he never would come when 
I called him. 



312 Tammany's Treason 

Q. Did you ever fail to notify him when his services were 
needed? A. No, sir. 

Q. Did you ever notify him and have him refuse to come? 
A. Yes, sir. 

Q. What did he say? A. He told me to let Augusta attend 
to the case. 

Q. Who is Augusta? A. Augusta Nack. 

Q. What was she in prison for? A. For the murder of 
Guldensuppe. She acted as the attendant in delivering five or 
six children while she was there. 

Q. Do you mean to tell me that the prison physician turned 
these women over to the care of Augusta Nack, the woman in 
prison for complicity in a murder crime? A. Yes, sir. 

Q. Did you ever know of a case where the doctor responded 
when called to attend a woman in this condition? A. Never; 
during my entire time there he never was at a birth. 

Q. Can you tell me of any specific case where the prison 
physician refused to attend an inmate at your request? A. 
Certainly, he refused in not coming to a confinement, and the 
child was delivered by one of the inmates who had been con- 
victed of abortion. 

Another woman, at present employed in the prison, testified 
to this effect: A convict has charge of the hospital. There have 
been a dozen or more children born here within my knowledge. 
I think some of the women nurses were convicted of abortion. 
I know of one child having died. I do not think Colonel Scott 
made any investigation into the child's death. I knew the 
child was ill, and asked the convict nurse if I should call the 
doctor, but she told me that everything possible had been done. 

Then this testimony appears: 

Q. Then, as a matter of fact, the child died without medical 
attention? A. The doctor is the best judge of that. 

Q. Did the prison physician ever attend any women who 
became mothers here? A. Not to my knowledge. I think 
there have been three or four times, maybe five times, when the 
doctor has not been in attendance. 

Q. It would make no difference, then, whether or not a 
child was born in the daytime or the nighttime, the doctor 
would leave it to the nurses? A. So far as I know. 

The general condition of the prison brought about by the 



Impeachment of Governor Sulzer 313 

physician's administration is so bad and of such long duration 
that it requires immediate attention and correction. No 
official who paid any attention to the situation could have 
failed to discover it. 



Steam Apparatus and Water Supply 

The last report made by Warden Benham contains recom- 
mendations for the concentration of the twelve boilers used in 
the prison and an additional appropriation of $4,000 for filtering 
the water supplied by the city of Auburn. 

Testimony from experienced engineers and mechanics em- 
ployed in the prison is to the effect that nothing whatever 
would be gained by placing all of the boilers in one spot, but 
that it was certain that a great deal would be lost. Such a 
change would necessitate the discarding of some of the boilers 
that are perfectly good, and which would serve the purpose for 
a dozen years to come. It was suggested by these witnesses 
that electric power should be installed for the use of the shops 
which would greatly reduce the cost and be more efficient in 
every way. 

While $75,000 has been asked to move all the boilers to one 
place, the man in charge of them said that some of the estimates 
for doing this work were from $25,000 to $30,000. 

Another employee, familiar with the work done in the shops, 
was asked: 

Q. Would it not be a better idea to use electricity for all 
power? A. I am very much in favor of that. 

Q. So if you had individual motors you would not have to 
run the whole plant if you wanted to use one motor? A. Yes, 
sir. 

Q. Then you would be in favor of installing electrical power 
as fast as possible? A. I certainly would. 

Q. Any expenditure of a large amount of money for steam 
power would be a waste of money? A. I think it would; I 
think so. 

Another practical engineer and mechanic employed in the 
prison was asked : 

Q. Don't you think it would be better and cheaper in every 
way to bore artesian wells for water for prison use inasmuch as 



314 Tammany's Treason 

water is costing the prison so much now? A. I should think it 
would. There is certainly a lot of water here. 

The water supply of the prison comes from Owasco lake, 
which is owned by the state, and reaches Auburn by gravity. 
The prison pays from $2,500 to $2,800 a year in water bills.Two 
artesian wells could be driven that would supply the prison 
with pure and wholesome water at a less cost than is now paid 
in two years for the city water. It is difficult to imagine why 
recommendations for the expenditure of $97,000 should be made 
to continue a system that is unwise and prodigal. 

Waste in the Commissary Department 

It is with some hesitation that I report on the condition of 
the commissary department of the prison. Conditions there 
almost exceed belief. More than 3,000 pounds of perfectly 
good food, prepared for the prisoners, goes into the swill 
barrels every week, and is carted away to be fed to pigs and 
chickens. 

I had this refuse weighed as it came from the tables, and later 
proved by witnesses under oath that the great waste has been 
going on for nearly two years at least. This was the last of the 
waste and extravagance in the matter of food and was the final 
act. But leading up to it were many acts that plainly displayed 
a criminal disregard of the public money. Staple articles have 
been purchased in the highest markets, in the most expensive 
and inconvenient forms, and with a total disregard of any kind 
of method or system. There has been an entire lack of any 
kind of supervision on the part of the managers of the prison, 
or of any proper management whatever. Employees in the 
various parts of the prison, competent to advise better business 
methods, have been ignored completely and made to understand 
that their help in any administrative capacity was not wanted. 

In every branch of the commissary department there has been 
a riot of wanton waste and extravagance and a flaunting display 
of gross ignorance concerning even the most ordinary business 
knowledge. 

It is difficult to believe that any man of conscience, having 
control of the work of providing for the daily needs of the 
prisoners, could permit such a condition of affairs to continue 



Impeachment of Governor Sulzer 315 

without at least making some effort at correction. I have tried 
dihgently to learn whether any such effort was ever made, but 
without result. I have asked the men employed in this branch 
of the prison work whether the warden, the recent superin- 
tendent of prisons, or any of their subordinates had ever made 
an investigation of prisons, or into the way the commissary 
end of the prison was conducted, and was told that no such 
inquiry had ever been made to their knowledge. 

I have asked them if they thought the system in practice was 
good or bad and they replied that it was bad. When I asked 
them why they did not suggest better ways of doing the work, 
they replied that they did not believe any advice or suggestion 
from them would have been welcome. 

Here is a sample of one day's waste, as it came from the 
tables on Friday, March 1, 1913. 

From the breakfast table, 194 pounds of hash and bread. 

From the dinner tables came 145 pounds of solid food, con- 
sisting of salmon, boiled potatoes, sweet mixed pickles and bread, 
and in addition 502 pounds of soup. Soup is served twice a 
week, so that of this food alone there has been wasted every 
week more than half a ton. 

Here is part of the sworn testimony of a witness, who de- 
clared that the figures given above are accurate: 

Q. What is done with the refuse from the tables? A. It 
goes to the swill barrel. 

Q. What is done with the swill barrel when it is full? A. A 
fellow comes and carts it away. 

Q. This refuse is made up from the refuse from the tables? 
A. Yes, sir. The man who carries away the swill said he fed 
it to his pigs. 

Another employee of the Commissary department testified 
that no effort had ever been made before to discover what the 
waste was. 

Purchasing Methods Unbusinesslike 

This witness replied to other questions as follows: 

Q. Is it not a fact that some of the goods were purchased 

when the market was highest? A. Yes, sir. 
Q. Then it is your opinion that the method of buying these 

upplies is an expensive and unnecessary method? A. Yes, sir. 



316 Tammany's Treason 

Q. Were the methods better under the previous superin- 
tendent than under Colonal Scott? A. I would say they were, 
looking at it from an economical view. 

Q. Did the prices increase under Colonel Scott? Yes, sir. 
They increased independently of the fluctuations of the 
market. 

Witnesses testified that many of the supplies used were 
bought in small packages, and that no effort was ever made to 
have them put up in bulk by large manufacturers. They said 
that if this were done the cost would be much less, and that much 
labor and time would be saved in preparing the food for the 
table. Asked if they knew whether they received the quality 
of supplies the contracts called for, they replied they had no 
means of knowing, because the contracts were made in Albany, 
where all the samples were kept. They merely received what 
came to them without question. 

One of the witnesses was asked : 

Q. The samples are kept a few hundred miles away from the 
institution? A. Yes, sir. 

Q. Do you think that is a good method? A. No, I do not. 

Q. If you had the samples here, you and the man who 
prepares the food would be able to see if the state was getting 
what it paid for? A. Yes, sir. 

Q. From whom do you buy eggs? A. From a wholesale 
grocer in this city. 

Q. He gets the eggs from the farmers around here? A. I 
think so. 

Q. So there were no transportation charges? A. I do not 
think there were. 

Q. You paid twenty-five cents a dozen for eggs on Easter, 
while the market price was twenty-one cents? Why did you 
pay so much? A. Bids for eggs were opened on February 15th. 

Q. Do you find that you pay more when you buy from local 
dealers? A. Sometimes. 

This, a fair sample of the business administration of the 
prison. Bids for eggs were opened in February, when eggs 
were high. The same condition exists in nearly every line of 
produce. It was said in extenuation of this absurd method 
that the law was responsible for it; if this is true, the law 
should be amended. 



Impeachment of Governor Sulzer 317 

State Pays for Warden's Pleasure Riding 

The people of the state of New York maintain for the 
pleasure of the warden of this prison, and the matron of the 
women's prison, a handsome stable, equipped with horses and 
vehicles representing an investment of more than $2,000 and a 
coachman at a salary of $1,020 a year, besides a cost of nearly 
$1,500 annually for feed and repairs. In addition to this cost, 
there has been the incidental cost of cutting a carriage-way 
through the massive prison walls. 

This expensive establishment has been one of the conspicuous 
public features of the prison management, which has been 
clamoring for more room and new buildings while this large 
stable building has been used and maintained for private 
purposes. 

There are in the stable four horses — a magnificent team for 
the warden, and two other horses — one of which is for the use 
of the matron of the woman's prison. The value of the team, 
estimated by the coachman, is $1,000. 

Here is some of the testimony from the coachman: 

Q. What kind of driving do you do; pleasure driving, is it 
not? A. Oh, yes, mostly that. 

Q. Where do you drive? A. Out in the country. 

Q. Where for instance? A. Well, I drive to Sennett — Mrs. 
Benham has a farm down there — I have driven down there 
many times. 

Q. Do you ever drive out to Owasco lake? A. Lots of 
times. 

Q. The horses are maintained by the state, aren't they? 
A. Yes. 

Q. So far as you know, this equipment, this private prison 
stable, has never been used for any other purpose except for 
the pleasure of the warden, his family and his friends? A. That 
is just the right answer; that is right. 

Q. Then the same thing is true in regard to the matron of 
the women's prison? A. Just the same thing. 

Q. Then this equipment has been used by the warden for 
his own pleasure and not for the prison's use? A. Yes, sir. 

Geo. W. Blake, 
Commissioner. 



318 



Tammany's Treason 



THE STATE GOVERNMENT." 




From ^he Albany Knickerbocker Press 



Impeachment of Governor Sulzer 319 



List of Men at Direct Primary Conference Called by 

Governor Sulzer at the Executive Chamber 

Senator Thomas H. O'Keefe, Oyster Bay, N. Y. 

Henry S. Orr, Chairman, Town Comm., Hempstead, N. Y. 

Lawrence E. Kirwin, Commissioner Elections, Nassau City. 

Chas. H. Perry, Port Washington, N. Y. 

Matthew Hutchinson, Port Washington, N. Y. 

William Scully, Westbury, N. Y. 

Alva R. Smith, Bellmore, N. Y. 

William O'Keefe, Oyster Bay, N. Y. 

Henry P. Keith, State Committeeman, Nassau City. 

D. Henry Brown, Sheriff, Suffolk County. 
Rowland Miles, Northport, N. Y. 

Rev. W. A. Byrne, 274 Wellington Ave., Rochester, N. Y. 

E. D. Sanborn, Gloversville, N. Y. 
H. W. Borst, Amsterdam, N. Y. 
A. J. Elias, Buffalo, N. Y. 

Willard M. Phillips, 43 High St., Newburgh, N. Y. 

Rev. Wm. Sheafe Chase, 481 Bedford Ave., Brooklyn, N Y 

Peter Cedar, Pelham, N. Y. 

Joseph J. McNally, Albany, N. Y. 

Henry L. Stoddard, Evening Mail, New York City. 

James F. Quigley, 51 Linden St., Brooklyn, N. Y. 

Charles S. Aronstrom, 199 8th Ave., Brooklyn, N. Y. 

G. F. Ketchum, Warwick, N. Y. 

Albert S. Manning, Otisville, N. Y. 

A. G. M. Thompson, Middletown, N. Y. 

W. J. Cregan, Monroe, N. Y. 

S. V. Casey, Canaseraga, N. Y. 

Daniel Sheehan, Mayor of Elmira, Elmira, N. Y. 

D. F. Sullivan, Newport, N. Y. 

Wm. E. Leffingwell, Watkins, N. Y. 

John Mitchell, Mount Vernon, N. Y. 

James Olive, Lemontville, N. Y. 

Daniel D. Frisbie, Troy, N. Y. 

C. Fred Schwarz, Troy, N. Y. 

A. J. Warner, 209 Partridge St., Albany, N. Y. 

Chas. Oberlander, 120 Northland Ave., Buffalo, N. Y. 

John Fitzgibbons, 164 East Bridge St., Oswego, N. Y. 

James E. Tierney, 137 Eagle St., Albany, N. Y. 

John L. Mager, Utica, N. Y. 

Thos. J. Torpy, Peekskill, N. Y. 

Daniel B. Thomas, 203 Broadway, Albany, N. Y. 

Chas. Ward, Livonia, N. Y. 

Daniel T. Lawlor, 171 Livingston Ave., Albany, N. Y. 

Dr. A. D. Youngs, Amsterdam, N. Y. 

Arthur J. Ruland, Binghamton, N. Y. 

W. W. Farley, Binghamton, N. Y. 

Chandler Oakes, 27 Cedar St., New York City. 

James R. Price, State Athletic Comm., 41 Park Row, New York City. 

Wm. H. Hecox, 137 Chenango St., Binghamton, N. Y. 

Geo. P. Decker, Rochester, N. Y. 

R. A. Davis, 65 N. Pearl St., Albany, N. Y. 

Eugene M. Earle, White Plains, N. Y. 

John Gill, 1520 Roselle St., New York City. 

Edward T. McCarthy, Whitehall, N. Y. 



320 Tammany's Treason 

Franklin J. Johnson, 2229 Adams Place, New York City. 

F. Reichmann, Albany, N. Y. 

Rev. O. E. Miller, 61 State St., Albany, N. Y. 

James L. Gernon, 411 Albermarle Road, Brooklyn, N. Y. 

Edward F. Roache, Editor, Whitehall Times, Whitehall, N. Y. 

J. J. McGarrahan, 539 Hamilton St., Albany, N. Y. 

John D. McMahon, Rome, N. Y. 

William Moyland, Elmira, N. Y. 

D. G. Donnelly, Elmira, N. Y. 

S. J. Tilden, New Lebanon, N. Y. 

I. Van Ness Phillips, Claverack, N. Y. 

Leroy R. Smith, Herkimer, N. Y. 

John H. Burke, Ballston Spa, N. Y. 

T. W. McAnamey, Watkins, N. Y. 

J. B. Macreery, Watkins, N. Y. 

Mortimer S. Kelly, Elmira, N. Y. 

Fred B. King, " Morning Herald," Gloversville, N. Y. 

Wm. T. Jenkins, Castleton Apartments, St. George, S. I. 

Fred H. Hopkins, Gloversville, N. Y. 

Stephen Ryan, Norwich, N. Y. 

Irving Russell, Saugerties, N. Y. 

John N. Bogart, Saugerties, N. Y. 

E. F. Hunting, Albany, N. Y. 
John Zwack, Albany, N. Y. 
Frederick Oschoff, Amsterdam, N. Y. 

John T. Little, 20 Vesey St., New York City. 

Nathan B. Chadsey, 20 Vesey St., New York City. 

J. J. Barrett, 411 Union Bldg., Syracuse, N. Y. 

Eugene Terrv, Ithaca, N. Y. 

Eldridge M. Gathright, Marlboro, N. Y. 

John S. Wolf, 1614 First St., Rensselaer, N. Y. 

John A. Butler, 66 West 53rd St., New York City. 

John C. McGee, 353 Amsterdam Ave., New York City. 

Chas. A. Duell, Jr., 2 Rector St., New York City. 

William Grant Brown, 160 Broadway, New York Citv. 

M. F. Collins, Troy, N. Y. 

John J. Walligan, 361 West 56th St., New York City. 

A. P. Squire, Schenectady, N. Y. 

Thereon Akin, Fort Johnson, N. Y. 

F. E. Wadhams, Albany, N. Y. 
Rev. E. W. Miller, Albany, N. Y. 
W. A. Niver, Schenectady, N. Y. 

Mark Eisner, 170 Broadway, New York City. 

Frederick W. Smith, Rochester, N. Y. 

George E. Noeth, 28 Main St., Rochester, N. Y. 

Eugene M. Strauss, Powns Building, Rochester, N. Y. 

W. J. O'Brien, 151 Selye Terrace, Rochester, N. Y. 

William A. Buckley, 31 Cameron St., Rochester, N. Y. 

John J. Cummins, 441 South Salina St., Syracuse, N. Y. 

Frederick Anthridge, Poughkeepsie, N. Y. 

Simeon Holroyd, 2991 Lark St., Albany. N. Y. 

Joseph McDonough, 73 Hudson Ave., Albany, N. Y. 

James L. Dempsey, Clinton, N. Y. 

Fred H. Wilson, 130 Wadsworth Ave., New York City. 

John J. O'Connell, 697 West End Ave., New York City. 

P. J. Baker, 610 Riverside Drive, New York City. 

Isaac Dalrymple, Esq., Otselic, N. Y. 

Lauros G. McConachie, 110 N. Allen St., Albany, N. Y. 

A. A. White, 609 Myrtle Ave., Albany, N. Y. 



Impeachment of Governor Sulzer 321 

Henry F. Toohey, Schuylerville, N. Y. 

John J. Hopper, 215 West 125th St., New York City. 

Edmund O'Connor, 7416 6th Ave., Brooklyn, N. Y. 

Patrick J. Blute, 440 West 44th St., New York City. 

Alex Silberg, 192 So. Pearl St., Albany, N. Y. 

Robert Abraham, M. D., 257 West 88th St., New York Citv. 

L. M. Josephthal, 26 East 73rd St., New York City. 

Bainbridge Colby, 32 Nassau St., New York City. 

Isaac Norton, Johnsonville, N. Y. 

John Kennedy, Batavia, N. Y. 

Arthur J. O'Keefe, 141 Fiske Place, Brooklyn, N. Y. 

John N. Harman, 553 Lincoln Place, Brooklyn, N. Y. 

John McGarvey, Bristol Hotel, Rochester, N. Y. 

William Geiger, Wyandauch, Suffolk County, N. Y. 

A. R. Smith, Bellmore, L. I. 

James H. Graf, 106 Orange St., Albany, N. Y. 

Michael M. O'SuUivan, 26 Bassett St., Albany, N. Y. 

Robert Little, Latham Corners, N. Y. — Cohoes, R. F. D. 

M. V. Dolan, 279 Hudson Ave., Albanv, N. Y. 

J. A. Buckley, Penn Yan, N. Y. 

Alexander Karlm, 320 Broadway, New York City. 

James A. Lavery, 30 North Clover St., Poughkeepsie, N. Y. 

Elizabeth Evans, 56 East 55th St., New York City. 

A. C. Baggerly, Savannah, N. Y. 

A. S. Hughes, Seneca Falls, N. Y. 

Harriett Stanton Blatch, 15 West 91st St., New York City. 

John J. Ryan, Medina, N. Y. 

Edmund C. Viemeister, 36 3rd Ave., Rockaway Park, New York City. 

Calvin E. Keach, Troy, N. Y. 

P. H. Wallace, Editor, " Evening Dispatch," Cohoes, N. Y. 

Nathan F. Barrett, New Rochelle, N. Y. 

Homer D. Call, Secretary, A. M. C. & B. W. of N. A., Syracuse, N. Y. 

Maurice De Young, 194 Schaeffer St., Brooklyn, N. Y. 

Alexander W. Hover, Germantown, N. Y. 

August F. Biesel, Niverville, N. Y. 

Frank E. Xavier, 10 Warburton Ave.,Yonkers, N. Y. 

Carl G. Clarke, Perry, N. Y. 

M. S. Decker, Albany, N. Y. 

John J. Malone, 181 N. Main St., Gloversville, N. Y. 

Horatio M. Pollock, 447 Manning Boulevard, Albany, N. Y. 

James F. Swanck, 302 Broadway, New York City. 

Herman A. Rappolt, 879 Morris Ave., Bronx, New York City. 

John E. McGeehan, 1731 Weeks Ave., Bronx, New York City. 

Norbert Blank, 2319 Creston Ave., Bronx, New York City. 

Andrew J. Carson, Cor. Field Place and Creston Ave., New York City. 

Thomas J. Torhy, Peekskill, N. Y. 

Henry H. Childers, 677 Broadwav, New York City. 

Walter E. Ward, 78 State St., Albany, N. Y. 

Fred M. Fames, 794 Myrtle Ave., Albany, N. Y. 

Eugene B. Patton, 65 Lancaster St., Albany, N. Y. 

Sumner H. Lark, 898 Gates Ave., Brooklyn, N. Y. 

George L. Pryor, 90 West 134th St., New York City. 

John J. Teahan, 78 Clinton Ave., Brooklyn, N. Y. 

Joseph P. Powers, 253 Anistel Boulevard, Arverne, N. Y. 

Daniel McCoy, 334 West 47th St., New York City. 

J. H. Danforth, Gloversville, N. Y. 

Grover C. Layner, Cobleskill, N. Y. 

Hon. John Seeley, WoodhuU, N. Y. 

J. L. Ten Eyck, 180 Washington Ave., Albany, N. Y. 

John Eddy, Glenmont, N. Y. 



322 Tammany's Treason 

John J. Sheehan, 88 Waverly Ave., Brooklyn, N. Y. 

George M. Colville, Binghamton, N. Y. 

Justin V. Purcell, Corning, N. Y. 

Stephen H. Murray, 2184 Fulton St., Brooklyn, N. Y. 

Anthony Flanigan, 15 Van Woert St., Albany, N. Y. 

Wm. J. T. Hogan, 731 Broadway, Albany, N. Y. 

W. M. Cameron, Glens Falls, N. Y. 

Thos. J. Dunn, Glens Falls, N. Y. 

Frank L. Ryan, Norwich, N. Y. 

Z. A. Steigmuller, Editor, " Binghamton Press," Binghamton, N. Y. 

Martin F. Dillon, Skaneateles, N. Y. 

Hon. Chas. H. Gallup, Rochester, N. Y. 

Louis Duncan, Pelham Manor, N. Y. 

Frank Jerome Houle, Pelham Manor, N. Y. 

S. Marsh Young, 220 West 59th St., New York City. 

James Devine, Schenectady, N. Y. 

Thomas Devine, Schenectady, N. Y. 

John Bulman, 480 Clinton Ave., Albany, N. Y. 

Chas. E. Brennan, 86 State St., Albany, N. Y. 

David E. Eichenbroner, 344 Manning Boulevard, Albany, N. Y. 

Wm. L. Terry, Waterford, N. Y. 

P. H. McGoldrick, 292 Hamilton St., Albany, N. Y. 

George E. Becker, Gallupville, N. Y. 

C. H. Rogers, 77 Van Woert St., Albany, N. Y. 
Wm. H. Faxon, Chestertown, N. Y. 

Louis Hart, 10 Benson St., Albany, N. Y. 

James V. May, Albany, N. Y. 

Henry J. Crawford, 391 Madison Ave., Albany, N. Y. 

H. W. Olmstead, Dannemora, N. Y. 

Ralph B. Tompkins, 14 Grand St., Albany, N. Y. 

J. Richard Kevin, M. D., 252 Gates Ave., Brooklyn, N. Y. 

Maurice E. Connolly, Carona, New York City. 

Peter J. Collins, 135 Westminster Road, Brooklyn, N. Y. 

Walter H. Burn, 259 Hillside Ave., Jamaica, N. Y. 

Charles Jerome Edwards, 399-A Grand Ave., Brooklyn, N. Y. 

Daniel B. Cushman, Norwich, N. Y. 

William H. lV:o:)re, Hotel Empire, New York City (% N. Y. World). 

Vito Cantessa, 311 East 119th St., New York City. 

Dr. W. A. Cummings, Ticonderoga, N. Y. 

Frederick W. Hinrichs, 367 Henry St., Brooklyn, N. Y. 

Hamilton Holt, 130 Fulton St., New York City. 

Dr. Francis E. Franczak, Health Dept., Albany, N. Y. 

John H. Brandow, 59 Manning Boulevard, Albany, N. Y. 

D. Henry Brown, Riverhead, N. Y'. 
Wm. R. Fanning, Riverhead, N. Y. 
Rowland Miles, Northport, N. Y. 

Otis F. Lewis, Barge Canal Office, Albany, N. Y. 
J. J. Cahill, 197 Congress St., Brooklyn, N. Y. 
Edwin Corning, 103 Washington Ave., Albany, N. Y. 

E. J. Wyer, 399 Western Ave., Albany, N. Y. 
Jerry F. Connor, Oneida, N. Y. 

Francis X. Disney, Elmira, N. Y. 

Daniel Sheehan, Elmira, N. Y. 

John W. Gurnett, Watkins, N. Y. 

William Leffingwell, Watkins, N. Y. 

Daniel J. Dugan, Albany, N. Y. 

Albert J. Danaher, Watervliet, N. Y. 

Frank M. Baucus, 7 Bridge Ave., Troy, N. Y. 

M. H. Hoover, 3 North Main Ave., Albany, N. Y. 

O. W. Cutler, Niagara Falls, N. Y. 



Impeachment of Governor Sulzer 323 

John Wm. Kelly, 650 9th Ave., New York City. 

Matthew J. Dobson, 360 West 45th St., New York City. 

Frederick Reyher, 658 10th Ave., New York City. 

Michael J. Hickey. 304 West 46th St., New York City. 

Philip Fouldman, 512 West 46th St., New York City. 

Frank C. Kunkel, 504 West 46th St., New York City. 

Daniel J. Cosgro, Cohoes, N. Y. 

William P. McEwing, Albany, N. Y. 

Jos. Cassidy, Far Rockaway, N. Y. 

Martin Mager, Middle Village, L. I. 

George N. Webster, Flushing L. I. 

Ira H. Le Veen, 60 Union Place, Richmond Hill, N. Y. 

Edwin Vlimenter, Butler Blvd., Jamaica, N. Y. 

Luke Keenan, 475 Albert St., Long Island City. 

Andrew Zom, Long Island City. 

Daniel S. Quigley, 155 North 7th St., Brooklyn, N. Y. 

Fremont Wilson, 672 St. Nicholas Ave., New York City. 

Geo. B. Wende, 120 Erie County Bank Bldg., Buffalo, N. Y. 

Louis Schan, 178 Hudson Ave., Albany, N. Y. 

John T. Gorman, Cohoes, N. Y. 

J. W. Griggs, Albany, N. Y. 

Edw. E. Perkins, State Committeeman. 

T. D. Fitzgerald, Albany, N. Y. 

Daniel Harris, Brooklyn, N. Y. 

Thomas Martin, 50 Ida St., Troy, N. Y. 

Patrick J. Prendergast, 15 Harrison Place, Troy, N. Y. 

John McClan, 606 West 137th St., New York City. 

M. C. Padden, 158 Bowery, New York City. 

F. A. Palladino, Albany, N. Y. 

H. Gordon Lynn. 

Arthur J. Smith. 

Martin Van Tannell, 453 State St., Albanv, N. Y. 

Wm. V. Tassell, 4 Central Ave., White Plains, N. Y. 

Vigil H. Kellogg, Watertown, N. Y. 

Amasa Houton, 203 Broadway, New York City. 

Dr. Louis Gluckman, 69 Ave. B., New York City. 

Matthew L. Horgen, Brooklyn, N. Y. 

D. W. Rich, Syracuse. 
Henry G. Adams. 

James A. Parsons, Hornell. 

E. E. McGarr. 
W. W. Thomas. 

Thomas Gilleran, 48 E. Kingsbridge Road, New York City. 

George E. Mayer, 3104 6th Avenue, Troy, N. Y. 

John Sayles, Mayor's Office, Buffalo, N. Y. 

Clarence J. Shearn, 140 Nassau St., New York City. 

Thomas E. Ryan, 11 Delaware Street, Albany, N. Y. 

John Ward, 84 N. Allen St., Albany, N. Y. 

Arthur Johns, 6 West 33rd St., New York City. 

Albert E. Henschel, 53 West 130th St., New York City. 

Richard W. Sherman, Conservation Comm., Albany, N. Y. 

Thos. H. Lee, Stony Point, N. Y. 

J. G. Liebfred, 48 Charles St., New Rochelle, N. Y. 

Joseph B. Handy, Staten Island, N. Y. 

William R. Murray, 326 Livingston Ave., Albany, N. Y. 

Alex. E. Oberlander, " Oberlander Press," Syracuse, N. Y. 

Fred H. Wilson, 130 Wadsworth Ave., New York City. 

Albert Dulin, 854 W. 180th St., New York City. 

John J. O'Connell, 31 Nassau St., New York City. 

Lucien Knapp, Long Island City, N. Y. 



324 Tammany's Treason 

Warner M. Sweet, Fillmore, N. Y. 

H. S. Bacon, Capitol, Albany, N. Y. 

Henry D. Hamilton. 

Col. W. D. G. Washington, 39 West 32nd St., New York City. 

A. G. Reymond, Greenwich, Conn. 

J. A. Costman, 239 West 68th St., New York City. 

Louis Schnitzer, Albany, N. Y. 

George H. McGuire, Syracuse, N. Y. 

Luke A. Keenan, Long Island City, L. L 

E. H. Strong, Millbrook, N. Y. 

A. R. Smith, Bellmore, L. L 
James F. Murray, Johnstown, N. Y. 
Stephen Vincent, 147 Congress St., Troy, N. Y. 
W. B. Hunter, 14 8th St., North Troy, N. Y. 
C. E. Akin, Patterson, N. Y. 

Alex. Rosenthal, 234 Mary St., Utica, N. Y. 

Patrick Doris, 256 Flushing Ave., Brooklyn, N. Y. 

Harry B. Winter, 61 So. Lake Ave., Albany, N. Y. 

H. E. Cole, 59 Chestnut St., Rensselaer, N. Y. 

Calvin J. Huson, Dresden, N. Y. 

Jay W. Forrest, 89 So. Manning Boulevard, Albany, N. Y. 

John P. Kelly, 253 Broadway, Troy, N. Y. 

Jason P. Merrill, Ithaca, N. Y. 

Parmer Slingerland, Cobleskill, N. Y. 

Anthony Giblin, 15 Second St., Albany, N. Y. 

B. B. Haile, Herkimer, N. Y. 
S. B. Decker, Ithaca. N. Y. 
Philip J. Klem, Herkimer, N. Y. 
Joseph Borandess, New York City. 
Frank E. Munson, Herkimer, N. Y. 

John Williams, Deputy of Labor, Albany, N. Y. 

Chas. H. Trask, Little Falls, N. Y. 

Hugh Reilly, West Lawrence St., Albany, N. Y. 

Nathaniel B. Spalding, Schodack, N. Y. 

John Fields, Middleville, N. Y. 

H. M. Golden, Mohawk, N. Y. 

J. E. Rafton, Mohawk, N. Y. 

Capt. H. P. Whiterstine, Bay Shore, N. Y. 

Geo. P. Fox, Philmont, N. Y. 

Dr. George E. Beilby, 247 State St., Albany, N. Y. 

A. T. Blessing, Schenectady, N. Y. 

James F. Hennessey, Watervliet, N. Y. 

John J. McLaughlin, 1621 Broadway, Watervliet, N. Y. 

Meyer Wolfuout, 61 2nd Ave., New York City. 

Jacob New, 26 Court St., Brooklyn, N. Y. 

John Scally, Westbury, L. I. 

Francis L. Ganley, Fort Edward, N. Y. 

Edward F. Hale, Schenectady, N. Y. 

Lyman S. Holmes, Schoharie, N. Y. 

Lester T. Hubbard, Albany, N. Y. 

Clinton Beckwith, Herkimer, N. Y. 

James H. Mooney, Ilion, N. Y. 

Frank E. Munson, Herkimer, N. Y. 

Dennis Spellman, New York City. 

A. E. Cowles, Wellsville, N. Y. 

Albert E. Hoyt, 410 Western Ave., Albany, N. Y. 

M. Z. Havens, Syracuse, N. Y. 

Stephen V. Lewis, Cohoes, N. Y. 

Anthony G. Oliver, Fulton, N. Y. 

John T. Norton, Troy, N. Y. 



Impeachment of Governor Sulzer 325 

Peter Nelson, Albany, N. Y. 

Chas. F. Rattigan, State Committeeman, Albany, N. Y. 

Frank D. Bailey, Sidney, N. Y. 

Stephen Whitbeck, Coeymans Hollows, N. Y. 

Millard J. Bloomer, 381 E. 149th St., New York City. Representing: 

Francis W. Bird, Chairman, N. Y. County Progressive Committee, 
Progressive Party, 
and 
Augustus F. Schwarzler, Chairman, Bronx County Committee, National 
Progressive Party. 



326 



Tammany's Treason 



(•^zj n-i 



HE'S GOOD ENOUGH FOR ME' 







From the Albany Knickerbocker Press 



Impeachment of Governor Sulzer 327 



HOW THEY VOTED ON THE FIRST PRIMARY BILL 

The Sulzer bill for state-wide direct primaries and electoral 
reform which was introduced in the legislature on April 21, 
1913, provides for the nomination by the people of all State 
offices, it does away with all committee designations, it pro- 
hibits the use of party funds at primary elections, it prohibits 
the use of all emblems and straight voting circles on the primary 
ballots, and it provides for the election of United States senators 
by the people in accordance with the recent constitutional 
amendment, nominations to be made at an official primary in 
the same manner as for the office of governor. 

This bill was defeated in the state senate because both parties 
caucused against it — the first time such a thing was done in the 
history of the state — by a vote of 42 to 8 ; and in the assembly 
by a vote of 47 to 93; the division of the vote by political 
parties was as follows: 

Ayes — Senate, 6 Democrats, 1 RepubHcan, 1 Republican- 
Progressive. 

Nays — Senate, 27 Democrats, 15 Republicans. 

Ayes — Assembly, 30 Democrats, 12 Republicans, 5 National- 
Progressives. 

Nays — :Assembly, 67 Democrats, 26 Republicans. 



THE FOLLOWING SENATORS VOTED IN FAVOR OF THE BILL: 

Thomas H. O'Keefe, Democrat, Oyster Bay, N. Y., repre- 
senting first district, comprising Suffolk and Nassau counties. 

James H. Duhamel, Democrat, Brooklyn, N. Y., repre- 
senting eighth district, comprising part of Kings county. 

Abraham J. Palmer, National Progressive and Republican, 
Milton, N. Y., representing twenty-seventh district, comprising 
Ulster and Greene counties. 

George H. Whitney, Republican, Mechanicville, N. Y., repre- 
senting thirtieth district, comprising Washington and Saratoga 
counties. 

John W. McKnight, Democrat, Castleton, N. Y., representing 
twenty-ninth district, comprising Rensselaer county. 



328 Tammany's Treason 

Cla3^on L. Wheeler, Democrat, Hancock, N. Y., representing 
thirty-ninth district, comprising Delaware and Broome coun- 
ties. 

John Seeley, Democrat, Woodhull, N, Y., representing 
forty-third district, comprising Steuben and Livingston coun- 
ties. 

Gottfried H. Wende, Democrat, Buffalo, N. Y., representing 
fiftieth district, comprising portion of city of Buffalo, and 
portions of the county of Erie outside of the city of Buffalo. 

THE FOLLOWING ASSEMBLYMEN VOTED IN FAVOR OF THE 

BILL: 

Albert C. Benninger, Democrat, representing third district of 
Queens county. 

Verne M. Bovie, Democrat, New Rochelle, N. Y., repre- 
senting second district of Westchester county. 

Robert P. Bush, Democrat, of Horseheads, representing 
Chemung county. 

Samuel J. Burden, Democrat, Long Island City, representing 
first district of Queens county. 

Charles J. Carroll, Democrat, New York City, representing 
twenty-ninth district of New York county. 

Marc W. Cole, Democrat, of Albion, representing Orleans 
county. 

Stephen G. Daley, Democrat, of Syracuse, representing the 
second district of Onondaga county. 

William T, Doty, Democrat, of Circleville, representing the 
second district of Orange county. 

Edward A, Dox, Democrat, of Richmondville, representing 
Schoharie county. 

Mark Eisner, Democrat, New York, of the seventeenth 
district of New York county. 

John K. Evans, of Bloomingburgh, representing Sullivan 
county. 

Charles H. Gallup, Democrat, of Adams Basin, represent- 
ing the fifth district of Monroe county. 

Eldridge M. Gathright, Democrat, of Marlborough, repre- 
senting the second district, Ulster county. 

Albert F. Geyer, Democrat, of Buffalo, representing the 
third district of Erie county. 



Impeachment of Governor Sulzer 329 

Louis D. Gibbs, Democrat, representing the thirty-second 
district of New York county. 

Frederick G. Grimme, Democrat, of Sparkill, representing 
Rockland county. 

John W. Gurnett, Democrat, of Watkins, representing 
Schuyler county. 

Alexander W. Hover, Democrat, of Germantown, represent- 
ing Columbia county. 

Augustus S. Hughes, Democrat, Seneca Falls, representing 
Seneca county. 

Lawrence M. Kenny, Democrat, Saugerties, representing 
first district of Ulster county. 

Alfred J. Kennedy, Democrat, Whitestone, representing 
second district of Queens county. 

Eugene A. McCollum, Democrat, Lockport, representing 
the first district of Niagara county. 

Minor McDaniels, Democrat, Ithaca, representing Tomp- 
kins county.. 

C. Fred Schwarz, Democrat, of Troy, representing first 
district of Rensselaer county. 

S. L. Seely, Jr., Democrat, Canisteo, representing the 
second district of Steuben county. 

Arthur P. Squire, Democrat, Rotterdam Junction, repre- 
senting Schenectady county. 

Howard Sutphin, Democrat, Jamaica, representing the 
fourth district of Queens county. 

John W. Telford, Democrat, Margaretville, representing 
Delaware county. 

Tracey D. Taylor, Democrat, Berlin, representing second 
district of Rensselaer county. 

Clare Willard, Democrat, Allegany, representing Cattarau- 
gus county. 

Republicans 

Caleb H. Baumes, Newburgh, representing first district of 
Orange county. 

John D. Fuller, Marcy, representing third district of Oneida 
county. 

Walter A. Gage, Canajoharie, representing Montgomery 
county. 



330 Tammany's Treason 

Edward C. Gillette, Pen Yan, representing Yates county. 

Clinton T. Horton, Buffalo, representing second district of 
Erie county. 

John Knight, Arcade, representing Wyoming county. 

Frank L. Seaker, Gouverneur, representing first district of 
St. Lawrence county. 

Gilbert T. Seelye, Burnt Hills, representing Saratoga county. 

John L. Sullivan, Dunkirk, representing second district, 
Chautauqua county. 

Morell E. Pallett, DeRuyter, representing Madison county. 

Charles J. Vert, Plattsburg, representing Clinton county. 

James H. Wood, Gloversville, representing Fulton and 
Hamilton counties. 

National Progressive 

• Maxim Birnkrant, New York city, representing tenth dis- 
trict, New York county. 

George W. Jude, Jamestown, representing first district of 
Chautauqua county. 

Michael Schaap, New York city, representing thirty-first 
district of New York county. 

Solomon Sufrin, of New York city, representing the eighth 
district of New York county. 

Lester D. Volk, Brooklyn, representing the sixth district of 
Kings county. 

senators who voted in the negative when the sulzer 
state- wide primary act was voted upon: 

Republicans 

George F. Argetsinger, of Rochester, representing the forty- 
fifth district which consists of wards of the city of Rochester 
and certain towns of Monroe county. 

Elon R. Brown, of Watertown, representing the thirty-fifth 
district comprising the counties of Jefferson and Oswego. 

Thomas H. Bussey, of Perry, representing the forty-fifth 
district composed of the counties of Genesee, Wyoming and 
Allegany. 

Herbert Coats, of Saranac Lake, representing the thirty- 
fourth district, composed of the counties of St. Lawrence 
and Franklin. 



Impeachment of Governor Sulzer 331 

James A. Emerson, of Warrensburg, representing the thirty- 
third district, composed of the counties of Clinton and Essex 
and Warren. 

Frank N. Godfrey, of Olean, representing the fifty-first dis- 
trict, comprising Cattaraugus and Chautauqua counties. 

Seth G. Heacock, of Ilion, representing the thirty-second 
district, composed of the counties of Lewis, Fulton, Hamilton, 
and Herkimer. 

Charles J. Hewitt, of Locke, representing the fortieth dis- 
trict, composed of the counties of Cayuga, Seneca and Cortland. 

William L. Ormrod, of Churchville, representing the forty- 
sixth district, composed of wards of Rochester and towns of 
Monroe county. 

. Henry W. Sage, of Menands, representing the twenty-eighth 
district, composed of Albany county. 

John D. Stivers, of Middletown, representing the. twenty- 
fifth district, composed of the counties of Orange and Sullivan. 

Ralph W. Thomas, of Hamilton, representing the thirty- 
seventh district, composed of the counties of Otego, Madison, 
and Chenango. 

George H. Thompson, Middleport, representing the forty- 
seventh district, composed of Orleans and Niagara counties. 

J. Henry Walters, of Syracuse, representing the thirty- 
eighth district, composed of the county of Onondaga. 

Thomas B. Wilson, of Hall, representing the forty-second 
district, composed of the counties of Wayne, Ontario and 
Yates. 

Democrats 

George A. Blauvelt, of Monsey, representing the twenty- 
third district, composed of Richmond and Rockland counties. 

John J. Boylan, of the fifteenth district, composed of part of 
the county of New York. 

Daniel J. Carroll, of Brooklyn, representing the seventh 
district, composed of part of the county of Kings. 

William B. Carswell, of Brooklyn, representing the sixth 
district, composed of part of the county of Kings. 

Thomas H. Cullen, of Brooklyn, representing the third dis- 
trict, composed of part of Kings county. 



332 Tammany's Treason 

John C. Fitzgerald, of New York, representing the twelfth 
district, composed of part of New York county. 

James A. Foley, of New York, representing the fourteenth 
district, composed of part of New York county. 

James J. Frawley, of New York, representing the twentieth 
district, composed of part of New York county. 

Anthony J. Griffin, of New York, representing the twenty- 
second district, composed of part of New York county. 

John J. Healy, of New Rochelle, representing the twenty- 
fourth district, composed of Westchester county. 

William J. Heffernan, of Brooklyn, representing the fifth 
district, composed of part of Kings county. 

Walter R. Herrick, of New York, representing the seven- 
teenth district, composed of part of New York county. 

James D. McClelland, of New York, representing the thir- 
teenth district, composed of part of New York county. 

John F. Malone, of Buffalo, representing the forty-eighth 
district, composed of part of the city of Buffalo. 

John F. Murtaugh, of Elmira, representing the forty-first 
district, composed of the counties of Tompkins, Chemung, 
Tioga and Schuyler. 

Bernard M. Patten, of Long Island City, representing the 
second district, composed of the county of Queens. 

William D. Peckham, M. D., of Utica, representing the 
thirty-sixth district, composed of the county of Oneida. 

Henry W. Pollock, of New York, representing the eighteenth 
district composed of part of New York county. 

Samuel J. Ramsperger, of Buffalo, representing the forty- 
ninth district, composed of part of the city of Buffalo, 

Felix J. Sanner, of Brooklyn, representing the ninth district, 
part of Kings county. 

George W. Simpson, of New York, representing the nine- 
teenth district, part of New York county. 

Stephen J. Stilwell, of New York, representing the twenty- 
first district, composed of part of New York county. 

Christopher D. Sullivan, of New York, representing the 
eleventh district, composed of part of New York county, 

Herman H. Torberg, of Brooklyn, representing the tenth 
district, composed of part of Kings county. 



Impeachment of Governor Sulzer 333 

Henry P. Velte, of Brooklyn, representing the fourth district, 
composed of parts of Kings county. 

Robert F. Wagner, of New York, representing the sixteenth 
district, composed of part of New York county. 

Loren H. White, of Delanson, representing the thirty-first 
district, composed of the counties of Schenectady, Mont- 
gomery and Schoharie. 



assemblymen who voted in the negative: 

Republicans 

Simon I. Adler, of Rochester, representing the second district 
of Monroe county. 

William C. Baxter, of Watervliet, representing the third 
district of Albany county. 

Frank M. Bradley, of Barker, representing the second dis- 
trict of Niagara county. 

Clarence Bryant, of LeRoy, representing Genesee county. 

Mortimer B. Edwards, of Lisle, representing Broome county. 

Michael Grace, of Weedsport, representing Cayuga county. 

Harold J. Hinman, of Albany, representing the first district 
of Albany county. 

Jared W. Hopkins, of Pittsford, representing the first district 
of Monroe county. 

John G. Jones, of Carthage, representing the second district 
of Jefferson county. 

Alexander MacDonald, of St. Regis Falls, representing 
Franklin county. 

H. Edmund Machold, of Ellisburg, representing the first 
district of Jefferson county. 

Edward M. Magee, of Groveland Station, representing 
Livingston county. 

John G. Malone, of Albany, representing the second district 
of Albany county. 

Eugene R. Norton, of Granville, representing Washington 
county. 

August V. Pappert, of Rochester, representing the third 
district of Monroe county. 



334 Tammany's Treason 

Cyrus W. Phillips, of Rochester, representing the fourth 
district of Monroe county. 

Ranson L. Richards, of Fillmore, representing Allegany 
county. 

Herman L. Schnirel, of Geneva, representing Ontario county. 

Walter L. Shepardson, of Norwich, representing Chenango 
county. 

John A. Smith, of North Lawrence, representing the second 
district of St. Lawrence county. 

Myron Smith, of Millbrook, representing the first district of 
Dutchess county. 

Thomas K. Smith, of Syracuse, representing the third 
district of Onondaga county. 

Thaddeus C. Sweet, of Phoenix, representing Oswego 
county. 

Niles F. Webb, of Cortland, representing Cortland county. 

John R. Yale, of Brewster, representing Putnam county. 

Albert Yeomans, of Walworth, representing Wayne county. 

Democrats 

Frederick S. Burr, of Brooklyn, representing the ninth 
district of Kings county. 

James C. Campbell, of New York, representing the thirteenth 
district of New York county. 

Raymond R. Carver, of New York, representing the twenty- 
seventh district of New York county. 

Thomas B. Caughlan, of New York, representing the first 
district of New York county. 

Salvatore A. Cotillo, of New York, representing the twenty- 
eighth district of New York county. 

Cornelius J. Cronin, of Brooklyn, representing the twenty- 
eighth district of Kings county. 

Louis A. Cuvillier, of New York, representing the thirtieth 
district of New York county. 

Karl S. Dietz, of Brooklyn, representing the tenth district 
of Kings county. 

George E. Dennen, of Brooklyn, representing the tenth 
district of Kings county. 

Thos. F. Denny, of New York, representing the tenth 
district of New York county. 



Impeachment of Governor Sulzer 335 

Charles S. Donahue, of New York, representing the ninth 
district of New York county. 

John Dorst, Jr., of Akron, representing the ninth district of 
Erie county. 

Joseph H. Esquirol, of Brooklyn, representing the eighteenth 
district of Kings county. 

Stephen C. Fallon, of Setauket, representing the first district 
of Suffolk county. 

Daniel J. Farrell, of Brooklyn, representing the seventh 
district of Kings county. 

Joseph V. Fitzgerald, of Lancaster, representing the seven 
district of Erie county. 

James J. Garvey, of Brooklyn, representing the fourteenth 
district of Kings county. 

George Geoghan, of Buffalo, representing the eighth district 
of Erie county. 

William J. Gillen, of Brooklyn, representing the second 
district of Kings county. 

Mark Goldberg, of New York, representing the eighteenth 
district of New York county. 

Abraham Greenburg, of New York, representing the twenty- 
sixth district of New York county. 

Wm. P. Hamilton, Jr., of Brooklyn, representing the twelfth 
district of Kings county. 

Ernest E. L. Hammer, of New York, representing the thirty- 
fifth district of New York county. 

Richard F. Hearn, of Buffalo, representing the fifth district 
of Erie county. 

Henry Heyman, of Brooklyn, representing the twenty-first 
district of Kings county. 

Thomas L. Ingram, of Brooklyn, representing the twenty- 
third district of Kings county. 

Edward D. Jackson, of Buffalo, representing the fourth 
district of Erie county. 

Thomas Kane, of New York, representing the twenty-first 
district of New York county. 

John A. Kelly, of Poughkeepsie, representing the second 
district of Dutchess county. 

John J. Kelly, of Brooklyn, representing the first district of 
Kings county. 



336 Tammany's Treason 

Joseph D. Kelly, of New York, representing the twelfth 
district of New York county. 

David C. Lewis, of New York, representing the twenty- 
third district. New York city. 

John Kerrigan, of New York, representing the eleventh dis- 
trict of New York county. 

Owen M. Kiernan, of New York, representing the twenty- 
fourth district of New York county. 

David H. Knott, of New York, representing the twenty- 
fifth district of New York county. 

Harry W. Kornobis, of Brooklyn, representing the fourth 
district of Kings county. 

Jesse P. Larrimer, of Brooklyn, representing the sixteenth 
district of Kings county. 

Aaron J. Levy, of New York, representing the fourth dis- 
trict of New York county. 

Tracey J. Madden, of Yonkers, representing the first dis- 
trict of Westchester county. 

Thomas B. Mahoney, of Great Neck Station, representing 
Nassau county. 

Martin G. McCue, of New York, representing the sixteenth 
district of New York county. 

Peter P. McElligott, of New York, representing the seventh 
district of New York county. 

Patrick J. McGrath, of New York, representing the twen- 
tieth district of New York county. 

Ralph R. McKee, of Tompkinsville, representing Richmond 
county. 

John J. McKeon, of Brooklyn, representing the eighth dis- 
trict of Kings county. 

Patrick J. McMahon, of New York, representing the thirty- 
fourth district of New York county. 

Joseph J. Monahan, of Brooklyn, representing the twenty- 
second district of Kings county. 

Mortimer C. O'Brien, of White Plains, representing the 
fourth district of Westchester county. 

Vincent C. O'Connor, of Brooklyn, representing the fifth 
district of Kings county. 

Harry E. Oxford, of New York, representing the third dis- 
trict of New York county. 



Impeachment of Governor Sulzer 337 

J. L, Patrie, of Catskill, representing Greene county. 

E. Bert Pullman, of Fulton Chain, representing Herkimer 
county. 

John J. Robinson, of Centerport, representing the second 
district of Suffolk county. 

James Rosen, of Buffalo, representing the sixth district of 
Erie county. 

Jacob Schifferdecker, of Brooklyn, representing the nine- 
teenth district of Kings county. 

Jacob Silverstein, of New York, representing the sixth 
district of New York county. 

George F. Small, of Buffalo, representing the first district 
of Erie county. 

Frank J. Taylor, of Brooklyn, representing the third dis- 
trict of Kings county. 

Robert L. Tudor, of New York, representing the fourteenth 
district of New York county. 

Frederick Ulrich, of Brooklyn, representing the seventeenth 
district of Kings county. 

James B. Van Woert of Greig, representing Lewis county. 

James J. Walker, of New York city, representing the fifth 
district of New York county. 

Theodore Hackett Ward, of New York city, representing 
fifteenth district of New York county. 

Edward Weil, of New York city, representing twenty-second 
district of New York county. 

Thomas E. Wilmott, of Brooklyn, representing fifteenth 
district of Kings county. 

Wilson R. Yard, of Pleasantville, representing third district 
of Westchester county. 

Alfred E, Smith, of New York, representing second district 
of New York county. 



338 



Tammany's Treason 



KING CANNOT 




From the Albany Knickerbocker Press 



Impeachment of Governor Sulzer 339 



WHY I AM FOR DIRECT PRIMARIES 

Speech of Governor Sulzer at the Auditorium in Buffalo, N. Y., 
Monday night, May 19, 1913 

Mr. Sulzer said: 

"It is self-evident to me that if the people are competent 
to directly elect their public officials they are also competent 
to directly nominate these officials. 

"If it is important for minor officers to be nominated by 
the people, it is still more important that the people be given 
the power to nominate candidates for United States senator 
and for governor. That if public service corporations and 
special interests seek to control public affairs for the pro- 
motion of their selfish ends through the manipulation of party 
conventions, the plain people should seek to do the same thing 
by taking in their own hands the right to nominate directly 
these important officials. 

" The truth is that the delegate system of nominating 
officers has completely broken down and proven itself not only 
inadequate to carry out the wishes of the people, but it has 
become an instrumentality through which the powers of 
government are prostituted and brought under the dominion 
of unscrupulous men seeking special privileges. 

" In this campaign for direct primaries, I am appealing now 
directly to the people, and they are responding as they always 
will respond when their rights are jeopardized and their 
liberties are subverted, and they hear the call of duty and see 
the opportunity to assert effectually their inherent power and 
inalienable rights. 

" From every farm, and hamlet, and town, and city come 
voices declaring that the time has arrived to dissolve the 
political bonds by which the few have enthralled the many by 
skillful, secret and disgraceful manipulations of party conven- 
tions, and to establish state-wide direct primaries, abolishing 
state conventions, as they already have been abolished in two- 
thirds of the states which form this Union. 

" Every day I see accumulating evidence of the truth, 
which I stated in my recent direct-primary message to the 



340 Tammany's Treason 

legislature, that those who would subvert the powers of govern- 
ment to personal advantage and to special privilege find their 
greatest opportunities to carry on this nefarious work through 
the skillful manipulations of political conventions. 

" Political conventions must go. Disgraceful secret alliances 
between special privilege and crooked politics must cease. 
That is all there is to it. 

" The power of special privilage is greater in New York than 
in any other state, because in New York is centered the great 
financial interests of the nation. Most of these interests are 
sound, legitimate and honest, but some of these interests are 
illegitimate, and it is the last mentioned kind which are fighting 
the salutory reforms which I am advocating — reforms which 
will faithfully carry out the letter and spirit of the political 
platforms of every party in this state. 

" The spirit of true democracy is summed up in the slogan 
' Let the people rule.' They cannot rule until they obtain a 
successful method of nominating the candidates of all political 
parties. 

" New York state is one of the last states in the Union to 
capitulate to the present-day demand for popular rule in the 
nomination of candidates for all public offices. It is bound to 
come in New York. The fight is on, and the people are in 
earnest. 

" The power of special privilege is making its last stand in 
our state, but will be overthrown, and overthrown speedily, 
by a righteous public sentiment. 

" Every day I am hearing from senators and assemblymen 
who voted against our direct primary bill, and who now assure 
me they will give it their support at the coming special session 
of the legislature, because they have learned since they returned 
home that by voting against the direct primaries, they mis- 
represented the sentiment of their constituents. 

" From others I hear that they will support the bill if it be 
amended so that state conventions may be continued. The 
play of ' Hamlet' with Hamlet left out would not be more of 
an abortion than a direct primaries law with the state convention 
retained. 

" To have direct primaries and to have state conventions is 
impossible. Direct primaries have been devised to permit the 



Impeachment of Governor Sulzer 341 

people to nominate their officers directly without the inter- 
mediary of delegates, and as, of course, you cannot have state 
conventions without delegates, it follows that state conventions 
must go and honest direct primaries must come. There is no 
middle ground. There can be no compromise. Those who 
want to straddle are against us. You cannot straddle a 
principle. 

" The widespread demand for direct primaries originated 
mainly from the scandalous failure of state conventions to 
faithfully reflect the sentiment of the voters. Again and 
again candidates having strong support in state conventions 
have been set aside and the bosses have brought forward at the 
last moment a dark-horse candidate and secured his nomina- 
tion through skillful political manipulations. 

" There are only two kinds of primaries — direct and indirect. 
The latter constitutes the reactionary delegate system; the 
former constitutes the present progressive system. There are 
no two ways about it. The principle admits of no compromise. 
I am for the direct system. I want the people to nominate 
because I want the people to rule. 

*' The democratic party, in the state of New York, in its last 
state convention, declared in emphatic terms for direct primaries 
and state- wide at that. 

" I believe it is my duty, as the governor, elected on that 
platform, to do everything in my power to carry out this solemn 
pledge. Every democrat in the state elected on that platform 
should uphold my efforts to redeem the pledge and keep faith 
with the voters. 

" So far as I am concerned there will be no step backward. 
I am in the fight to stay and to the end. Hence I urge every 
honest democrat in the state who believes in fair play, who 
wants to keep good faith, and who favors redeeming solemn 
party promises to aid me in the struggle. 

"We will win in the end. The leading newspapers of the 
state; seven- tenths of the voters of the state, regardless of 
party affiliations; and the overwhelming popular sentiment of 
the people, are behind the cause for direct primaries, and are 
with me in the fight for the legislation. 

" Let me tell you briefly just what our direct primary bill 
accomplishes: 



342 Tammany's Treason 

"1. All party candidates for public offices, except town, 
village and school district offices, are to be nominated directly 
by the enrolled party voters at an official primary. 

" 2. A state committee of 150 members, one from each 
assembly district, and a county committee for each county, to 
be elected directly by the enrolled party voters at the official 
primary. All other committees to consist of the members of 
the state committee and the members of the county committee 
or committees residing in the political subdivision. 

" 3. All party candidates for public office to be voted for in 
the official primary to be by petition only, the same as inde- 
pendent candidates. 

" 4. Every designating petition to contain the appoint- 
ment of a committee for filling vacancies on the primary 
ballot. 

" 5. Candidates to be arranged on the ballot under the title 
of the office. Order of arrangement to be determined in each 
group by lot by the commissioners of election in the presence 
of the candidates or their representatives. All emblems on 
the primary ballot abolished. Names of candidates to be 
numbered from one upward. Voter to indicate his choice by 
making a separate mark before the name of each candidate. 

" 6. The number of enrolled party voters required to sign 
a designating petition is fixed at one per cent, of the party 
vote for governor at the last preceding election, except that 
for state- wide offices the number need not exceed 3,000 enrolled 
voters of which fifty shall be from each of twenty counties. 
The number in the city of New York need not exceed 1,000 
enrolled party voters, with other maximum limits for smaller 
subdivisions. 

" 7. The primary district is made identical with the election 
district and primaries of all parties to be held at the same 
polling place, conducted by the election officers. 

"8. The chairman of a county committee may be elected 
from outside the committee membership. 

"9. Each party to have a party council to frame a plat- 
form; such council to consist of the party candidates for 
office to be voted for by the state at large ; party congressmen, 
and party United States senators; candidates for the senate 
and assembly and members of the state committee. 

"10. A special enrollment each year in the month of June 



Impeachment of Governor Sulzer 343 

for a new party created by the vote at the last preceding 
general election. 

"11. The time for filing independent nominations sub- 
sequent to the filing of party nominations increased from five 
days to fourteen days. The number of signers of an inde- 
pendent certificate of nomination reduced to conform substan- 
tially to the number of signers of a party designation. 

"12. Election of United States senators by the people 
provided for in accordance with the recent constitutional 
amendment. Nominations to be made at official primary in 
the same manner as for the office of governor. 

"13. Registration days in the country reduced from four 
to two, and registration in the country by affidavit required 
where voter does not appear personally. 

" 14. Boards of election in counties having less than one 
hundred and twenty thousand inhabitants reduced from four 
members to two. 

"15. The use of party funds at primary election pro- 
hibited. 

" 16. The penal law to be amended limiting the amount 
that may be expended by a candidate for the purpose of seeking 
a nomination to public office or election to a party position. 

"17. Delegates and alternates from the state at large, and 
from congressional districts, to the national convention to be 
chosen by the direct vote of enrolled party voters at the official 
primary. 

"Any proposition less than this begs the whole question, 
and violates the pledged faith of the democratic party to every 
voter in the state. I am now, and always have been, and 
always will be in favor of carrying out our platform pledges to 
the letter. The best way to strengthen a political party is to 
keep the faith. I want to restore to the people of the state the 
complete control of their state government; to afford the 
voters of the state the freest expression of their choice of 
candidates for public office ; and I believe that our 'state-wide' 
direct primary bill embraces an honest, a sincere, a com- 
prehensive and a practical plan for these accomplishments. 

" Besides, I consider that our 'state-wide' direct primary 
bill is an absolutely nonpartisan measure, which faithfully 
reproduces, and will substantially carry into practice, the 
pledges of the three great political parties concerned in the 



344 Tammany's Treason 

last state election; and that, on its merits, it will meet the ap- 
proval and have the support and the backing of a large majority 
of all the citizens of this state. 

" I am convinced that every member of the legislature is 
solemnly bound in honor, and by the highest moral and poli- 
tical obligations, to vote for its enactment; and those who 
fail to do so will be forced to yield to public opinion and be 
replaced by others who will vote to give the state an efhcient 
and just state- wide direct primary law, that will embrace 
every ofhce, from governor down to constable. 

"Is it necessary for me, or any other man, to say that in 
continuing the delegate system in nominating state officers, 
electors are not allowed to nominate directly? In continuing 
the delegate system, we are therefore ignoring and repudiating 
our platform pledges and betraying the people with false 
pretenses. I shall not be a party to such repudiation. I 
shall not endorse such a betrayal of the people. No political 
party can make me a political hypocrite. 

" The democratic candidates promised the people in the 
last campaign that if we were successful, we would give them — 
among other things — a state- wide direct primary law. 

" I ran for the governorship on the platform of the Syracuse 
convention. I helped to write that platform, and after I was 
nominated I stood on it throughout the campaign — squarely 
and honestly. 

"At the request of my party I made a campaign through 
the state. They tell me I spoke to more people during the 
contest than any other candidate in all the history of the state. 
I told the people that if I were elected I would do everything 
in my power to carry out the pledges of my party as enunciated 
in the Syracuse platform. Many doubted the sincerity of 
these campaign speeches; but there was one man who never 
doubted their sincerity, and that is the man who is now 
governor of the state. 

"When I cannot be honest in politics, I shall get out of 
politics. I believe honesty in politics will succeed, just the 
same as I believe honesty in business will succeed. If anyone 
doubts that, all he has to do is to think of what has been 
accomplished in this country during the past quarter of a 
century by the men who have dared to be true, and have been 
honest in politics. 



Impeachment of Governor Sulzer 345 

"When I make a promise to the people I keep it, or I frankly 
tell the people why I cannot keep it. When my party makes 
a promise to the people, I want my party to keep the promise, 
or I want the people to know the reason why. 

" Let us keep the faith. That is where I stand, and I will 
stand there to the end. If any democrat is against me in my 
determination to keep democratic faith, I must of necessity 
be against him. 

"It is all very simple to me. If any democrat in this state 
is against the democratic state platform that man is no true 
democrat; and as the democratic governor of the state I shall 
do everything in my power to drive that recreant democrat 
out of the councils of the democratic party. 

" The record will show that for years I have been a con- 
sistent advocate of genuine direct primaries, and I firmly 
believe that the enactment into law of a state-wide direct 
primary bill, along the lines of the measure we have caused 
to be prepared, and which was introduced in the legislature, 
will accomplish what the voters desire, and reflect greater credit 
on the members of the present legislature than the passage of 
any other act that can, or will be presented, for the consider- 
ation of its members this year. 

" Let us be honest with the voters and keep our pledges to 
the people. At all events, as the governor, I shall, and if the 
legislature does not, I want the voters to know the reason why. 

"When we consider the waste, the extravagance, the in- 
efficiency, and the corruption, which have recently been brought 
to light in connection with the administration of public affairs 
in our state, and which are the cause of painful humiliation to 
every thoughtful and patriotic citizen, all due, in no small 
degree, to the fact that in recent years political power has been 
gradually slipping away from the people who should always 
control it and wield it, there can be no doubt as to the 
necessity of this legislation and as to our duty in this all im- 
portant matter. 

" Every intelligent citizen is aware that those who subvert 
the government to their personal advantage have found 
their greatest opportunities to do so through the adroit and 
skillful manipulation of our system of party caucuses and polit- 
ical conventions. It must cease or our free institutions are 
doomed." 



346 Tammany's Treason 



DIRECT PRIMARIES 

Address delivered by Jay W. Forrest, of Albany, N. Y., at Van Curler 
Opera House, Schenectady, N. Y., May 21st, 1913 

Governor William Sulzer insists that the legislature keeps 
its promise, and appeals to the people to see to it that the 
faith is kept. 

Jefferson smashed the semi-royalism of the Federalist with 
an appeal to the people. 

Jackson dethroned King Caucus and the rule of the Bank 
Ring by organizing a break-away appeal to the masses. 

Governor William Sulzer states his position as follows: " I 
helped write the Democratic platform at Syracuse; I ran on 
that platform, and I am here today because of the pledges of 
that platform. No man, no faction, no party, can make me 
a political hypocrite, and, when I read in that platform the 
pledge for a direct primary law, I say that when I make a 
promise I will keep it." 

The movement is a democratic one, and is animated by a 
desire for a wider popular participation in the government by 
the people. The direct primary is the organic part of a gen- 
eral growth of democratic sentiment demanding methods by 
which more direct responsibility of the governor to the gov- 
erned can be secured. Startling disclosures respecting the 
betrayal of public trust by party leaders has aroused the 
people to a crusade for responsible party government. 

The convention no longer expresses the popular will. Dele- 
gates have become the main shafts of political machines. Cor- 
porate wealth and influence dictate the policies of the domi- 
nant parties, while candidates and office-holders, instead of 
being responsible to the voters, are responsible to the boss and 
the ring which nominate them. 

The government must be brought back to the people. They 
must be given the power to directly nominate their party can- 
didates. If they are sufficiently intelligent to directly elect 
them by means of the Australian ballot, they are sufficiently 
intelligent to directly nominate them. 




Jay W. Forrest 



Impeachment of Governor Sulzer 349 

Those who oppose the direct primary deny the right or the 
abiHty of the party voters to choose their own candidates 
directly. Their position is untenable, as it is opposed to the 
fundamental principles of self-government upon which this 
republic rests. 

It was Boss Tweed who said: "Let me name the candi- 
dates and you can vote for them." 

It was Daniel Webster who said: "It is time to do away 
with caucuses; they make great men little and little men 
great. The true source of power is the people." 

The statesman, John C. Calhoun, in a speech in the United 
States senate, said: " When it comes to be once understood 
that politics are a game; that those who are engaged in it 
but act a part; that they make this or that profession, not 
from honest conviction or an intent to fulfil them, but as the 
means of deluding the people, and through that delusion to 
acquire power, — when such professions are to be entirely for- 
gotten, the people will lose all confidence in public men; all 
will be regarded as mere jugglers, — the honest and the patriotic 
as well as the cunning and the profligate; and the people 
will become indifferent and passive to the grossest abuses of 
power on the ground that those whom they may elevate, 
under whatever pledges, instead of reforming, will but imitate 
the example of those whom they have expelled." 

Woodrow Wilson said in his speech accepting the Demo- 
cratic nomination for the presidency: " The rule of the 
people is no idle phrase, those who believe in it, as who'does 
not thai* has caught the real spirit of America? believe that 
there can be no rule of right without it; that right in politics 
is made up of the interests of everybody, and everybody should 
take part in the action that is to determine it. We are work- 
ing towards a very definite object, the universal partnership 
in public affairs upon which the purity of politics and its 
aim and spirit depend. 

If the American people desire better government they must 
reform it; not simply by voting for the party of their fathers 
on election day, not necessarily or primarily by forming new 
parties, not in the main by being independent of party, but 
by becoming better members of each and every party with 
which they are or may be affiliated, by taking hold and run- 



350 Tammany's Treason 

ning the party machine for righteous Hving and good gov- 
ernment, instead of permitting the party machine to run them 
for graft and vicious government. 

We must arouse ourselves to the duty of the hour, to the 
necessity of looking after the essentials of our political life, 
instead of confining our efforts to mere incidentals; to seeing 
to it not merely that we do not vote for the very bad men 
our party nominates, but in personally taking hold of affairs 
within our own party, and that we, ourselves, nominate men 
to whom the custody of public affairs may be safely confided. 

Independent voting at the general election, as a method of 
reforming government, is like attempting to change the direc- 
tion of a railroad train by putting on the brakes. If going 
the wrong way, you may succeed by this action, in tempo- 
rarily slowing down, but the only means through which to 
control the direction is through the operation of the engine. 
If the American voter desires to return toward the goal con- 
templated by the Declaration of Independence and provided 
for by the Constitution, of a government of, for and by the 
people, he cannot effect this result by merely putting on the 
brakes of his party train when he conceives that it is going 
too fast in the wrong direction. He must get hold of the lever 
that guides the party machine or he can never do more than 
regulate the speed, he can never alter the course. 

If it requires the people other than the politicians to carry 
general elections, why cannot the same people, too, carry 
primary elections? At primary as well as at general elections 
votes count, and the people have the votes. • 

The politicians, while apparently giving to the people an 
im.portant reform which they have demanded, really withhold 
to themselves all the real power for evil of the old stand and 
deliver system, by leaving it in full sway over the party pri- 
maries. And through this system, which permits the ballot- 
box .to become an auction block for the purchase and sale of 
votes, the sellers, with the additional strength of those voted 
through coercion, become a force almost invnicible. 

Governor LaFollette, after rousing the people of Wisconsin 
to action toward the overthrow of the government of corporate 
greed, struck at the root of the system by his direct nominations 
law, which did away with delegate conventions and provided 



Impeachment of Governor Sulzer 351 

that the candidates of all parties should be nominated by direct 
vote of the people entitled to vote at the primaries through the 
agency of a secret ballot. Such a system is the legal essential 
to the restoration of popular government, and self-government 
cannot be assured to the people of this state until we shall have 
secured nominations by direct vote and a secret ballot to mini- 
mize the power of intimidation and the possibility of cor- 
ruption. 

This direct-nomination secret-ballot system places the oppor- 
tunity for direct and absolute control of government within 
easy grasp of the people. After the reformation of the system 
bad government can be ascribed only to depraved public morals. 
Continued vicious government in a republic may be so ascribed, 
to a large degree, in any event ; but with an enlightened people 
it becomes the first duty of those interested in the establish- 
ment of good government to labor for the removal of all 
hurdles from the course- way of popular sovereignty. 

Why there should be any opposition to the principles of 
direct primaries it is hard to understand. In truth there is 
no open opposition, for it would take a courage that is not 
possessed by the average politician to get up and tell the people 
that they are not fitted to govern themselves; that they must 
delegate to politicians the art of choosing the men who are to 
represent them. In order that the masses of our people may 
be governed for the benefit of the few, it is necessary that the 
many have no direct hand in their own governing. It is 
necessary that the many delegate to representatives the art 
of governing, and that such representatives should be influenced 
so as to become the representatives of the few, in order that 
governing may be carried on for the advantage of rulers, not 
of ruled. 

So the opposition to direct primaries among those who design 
to make of our government an instrument for the oppression 
of the many and the enrichment of the few is an opposition 
that is covert, for to avow it would make it ineffective. 

I do not want to be harsh, but he who, understanding, 
opposes direct primaries is no better than a monarchist, for he 
holds that the people are not fitted to govern themselves, that 
the few are fitted by divine law to rule; that the many are 
condemned to be ruled for the benefit of the few by a law 



352 Tammany's Treason 

equally divine. This is the law of kings; it is not the law of 
democracy. It does not breathe the spirit of our Declaration 
of Independence; he who holds it is false to our theory of 
government, a worthy monarchist, but an unworthy republican. 

No one who believes the people are fitted to govern them- 
selves, capable of discerning what laws are good and what bad, 
can honestly oppose direct primaries, which means nothing 
less than government by and for the people. 

Direct primaries, or the rule of the people, is only democracy 
applied, and its growth demonstrates that at the core our people 
are still democratic — not in a partisan sense, but in the true 
meaning of that noble word — and they are determined by using 
direct primaries to change this from a government of the people, 
by the politicians and for the corporations, to one that, while 
it is of the people, is actually by the people, and hence is really 
and truly for the people. 

The night has been long, and the darkness deep. Some- 
times we were full of despair. It seemed as though the revel of 
the evil spirits of invisible government would last forever. 
The public mind seemed strangely dull. The public conscience 
seemed strangely seared. The public heart seemed strangely 
cold. 

But all the apathy, the discouragement, the tame submis- 
sion, the cowardly inertia, is passing away. Day is breaking, 
and the foul creatures of invisible government are slinking to 
their holes. 

At last the people have a governor who stands firm on the 
rock of Democracy. William Sulzer is making good. He 
insists on keeping the faith. Let the people insist on the 
members of the legislature. doing the same. 



Impeachment of Governor Sulzer 353 



THE POWER TO NOMINATE IS THE POWER TO 
CONTROL 

Speech of Governor Sulzer in Rochester, N. Y., on Wednesday 
night, June 11, 1913 

Mr. Sulzer said in part: 

"All I am trying to do, as the governor of the state, is to 
keep the pledges of my party — to do right — to keep the faith. 
— and to give the people of the state an honest, an efficient, 
and an economical administration of public affairs. 

" The average citizen would naturally believe that was the 
easiest thing to do, but I assure him it has been the hardest 
thing for me to do. 

" Ever since I have been the governor every obstacle has 
been placed in my way by men high in the counsels of my party, 
because I wanted to do what I believed was right, and what 
my party promised to do. 

""The democratic platform of 1910 declared for 'state-wide' 
direct primaries, but those who drew the platform of 1912, 
realizing that the expectations of the rank and file of party 
voters were not met by the legislation of 1911 pledged the 
party to ' adopt such amendments to the existing law as will 
perfect the direct primary system.' 

" The electors of the state understood the words ' state- 
wide direct primaries' to mean direct primaries applied to all 
state nominations. Democratic campaign speeches and the 
newspapers which supported our ticket so interpreted these 
words. 

" In my first message to the legislature I said: 

" ' We are pledged to direct primaries; state- wide in their 
scope and character and I - urge the adoption of such amend- 
ments to our primary laws as will make complete and perfect 
the direct primary system of the state.' 

" The people expected nothing less from us when we declared 
for state-wide direct primaries, than the nomination by the 
voters of all state officers, because it has been demonstrated 
that under the convention system the will of the people was 
not faithfully carried out in the state conventions. 



354 Tammany's Treason 

" Delegates to the state convention, when assembled for 
action, have been found not properly responsive to the senti- 
ment of their constituents. They have been found more 
anx'ous to carry out the wishes of party leaders than to carry 
out the wishes of the mass of individual party voters. Con- 
trolling political power has not passed from the individual 
unit, in which it should originate, up to the state convention. 
On the contrary, controlling political power has originated 
with certain political bosses who have usurped the rights of 
party voters, and brought about nominations which were 
desired by the bosses, but not demanded by the voters. 

" Do I need to cite that at the assembling of each state con- 
vention the interesting questions have been, how many dele- 
gates does this leader control, and how many delegates does 
that leader control, and can such and such groups of delegates 
be combined by backroom manipulations to bring about 
certain desired nominations? 

" Do I need to cite that state convent '.ons have often been 
known to nominate candidates who have never been men- 
tioned, nor even thought of, by the rank and file of party 
voters? Do I need to say that in such cases delegates are not 
the representatives of the voters, but the representatives of 
party leaders who deserve the stigma of being called ' party 
bosses? ' Do I need to say that boss-ruled conventions have 
become a reproach to any political party? 

" The adoption of state-wide direct primaries, and the 
abolition of state conventions, is in no sense an abandonment 
of the principle of representative government, but on the contrary 
it is a protest against the perversion of representative govern- 
ment. 

" Under direct primaries the people will govern them- 
selves, through representatives, but through representatives 
selected by themselves. That is why we want the voters to 
nominate. Representative government is only made actual 
when the power to name candidates is taken away from politi- 
cal bosses, or from groups of party leaders, and placed in the 
hands of the voters of the political party. 

" That the voters are determined to have no intermediary 
between themselves and their public servants has been shown 
by the adoption of the seventeenth amendment to the Federal 



Impeachment of Governor Sulzer 355 

Constitution, under which the people have taken from the 
legislature powers previously delegated to them to elect 
United States senators. 

" The people believe themselves more competent than their 
legislators to elect senators in congress, because they so often 
found members of the legislature were not the faithful agents 
of the people, but were subject both to boss control and sys- 
tematic bribery. All the arguments now used against the abo- 
lition of state conventions have been used in opposition to 
the direct election of United States senators, but these argu- 
ments have been vain against the rising tide of progressive 
democracy. 

"Let us not deceive ourselves; let us not try to deceive 
the people; the plain fact is, that in our primary reform 
legislation we, in New York state, have left off our work just 
where the people expected us to begin. By not making our 
direct primary law apply directly to the nomination of state 
officers we have continued the delegate system in the particular 
field in which it has proven the most unsatisfactory to the 
people. 

" The sentiment in the state in favor of direct primaries 
found its origin and growth principally in the fact that under 
the established primary law the rank and file of party voters 
were not able to control their delegates when they assembled 
in the state conventions. 

" I am now, always have been, and always will be in favor 
of carrying out, in letter and in spirit, our platform pledges. 

" The best way to strengthen a political party is to keep the 
faith. I want to restore to the people of the state the com- 
plete control of their state government; to afford the voters 
of the state the freest expression of their choice of candidates 
for public office ; and I believe that our ' state- wide ' direct 
primary bill embraces an honest, a sincere, a comprehensive 
and a practical plan for these accomplishments. 

" Besides, I consider that our ' state- wide ' direct primary 
bill is an absolutely nonpartisan measure, which faithfully 
reproduces, and will substantially carry into practice, the 
pledges of the three great political parties concerned in the 
last state election. 

" There are only two kinds of primaries — direct and indirect. 



356 Tammany's Treason 

The latter constitutes the reactionary delegate system; the 
former constitutes the present progressive system. I am for 
the direct system. I want the people to nominate because I 
want the people to rule. The power to nominate is the power 
to control. Do not forget that. 

" To have direct primaries and to have state conventions is 
impossible. Direct primaries have been devised by the 
friends of good government to permit the people to nominate 
their officers directly without the intermediary of delegates, 
and as, of course, you cannot have state conventions without 
delegates, it follows that state conventions must go and 
honest direct nominations must come. There is no middle 
ground. There can be no compromise. Those who want to 
compromise are against us. The principle admits of no 
legitimate debate. You cannot compromise a principle. 

"It is self-evident to me that if the people are competent 
to directly elect their public officials they are just as competent 
to directly nominate these officials. 

" If it is important for minor officers to be nominated by the 
people, it is still more important that the people be given the 
power to nominate candidates for United States senator and 
for governor. That if special interests seek to control public 
affairs for the promotion of their selfish ends through the 
manipulation of party conventions, the plain people should 
seek to do the same thing by taking in their own hands the right 
to nominate directly these more important officials. 

" The changes which we advocate in our primary law are in 
harmony with the spirit of the times, and will make for the 
perpetuation of our free institutions. They aim to restore 
to the people the rights of the many which have been usurped 
by the few, for the benefit of invisible powers which aim to 
control governmental officials, to pass laws, to prevent the 
passage of other laws, and to violate laws with impunity. To 
these invisible powers I am now, always have been, and always 
will be opposed. 

" No government can be free that does not allow all its 
citizens to participate in the formation and the execution of 
its laws. Every other government is a mere form of despot- 
ism. The political history of the world illustrates the truth 
that under the forms of democratic government popular 



Impeachment of Governor Sulzer 357 

control may be destroyed, and corrupt influences, through 
invisible political power, establish a veritable despotism. 

" Tweed used to say that he cared not who elected the 
officials so long as he could nominate them. Do you know 
why? Because the power to nominate officials is the power to 
control these officials when they go into offixe. That is all 
there is to it — and that is the reason the bosses want to keep 
this power to nominate. The power to nominate makes the 
boss. That is the reason why every political boss in the state 
is against direct nominations. Do not forget that. 

" Tweed was a boss. You remember he challenged the 
power of the people. With brazen audacity he defied the 
voters and said : ' What are you going to do about it? ' You 
know the answer. Have the little Boss Tweeds so soon for- 
gotten the tragic fate of Big Boss Tweed? It is an old saying 
that history repeats itself. 

" If it is wise to trust the people with the power to nominate 
some public officers, I am sure it is just as wise to trust them 
with the power to nominate all public officers. I believe it is 
as wise to trust them to nominate a governor as to trust them 
to nominate a constable, and as wise to trust them to nominate 
a judge of the Court of Appeals as to trust them to nominate 
a justice of the peace. 

" The people have been trusted with this power in many other 
states, and they have used it to bring about good govern- 
ment and greatly improved conditions. Let the Empire state 
put itself in line with the foremost states in the Union, by 
favoring nominations by the people, for thus only can we secure 
a government of the people. 

"So if any one tells you that a direct nominations law is 
not a good thing, you deny it, and point to what other states 
have done through the agency of this beneficent reform. 

" No man fears direct primaries, except a man whose 
character, and whose ability, and whose mentality cannot bear 
the searchlight of publicity. No man fears direct primaries, 
unless he wants to be the creature of invisible government 
rather than the servant of popular government. 

" Our state-wide direct primary bill is a good measure. I 
am for it. My friends are for it. The platform of nearly 
every party is for it. On this issue there is no middle ground. 



358 Tammany's Treason 

The democrats of the state must stand with their governor for 
direct primaries, or they have got to be against the democratic 
platform. Let every democrat decide. All my life I have 
fought for the right; for the truth; for simple justice, and for 
humanity. I shall not change now. 

"What democrat in our state is going to be false to the 
platform, to be a traitor to the party, and to desert me in the 
performance of my duty? In this cause for direct primaries 
I have no fear of the ultimate result. The people will win. 

" I say deliberately to the party leaders of the state that 
you have got to line up the representatives in the legislature, 
whom you control, to pass this honest, this just, this fair, this 
non-partisan state-wide direct primary bill, to keep your pledges, 
or I will line up the people against your representatives for 
their failure to be true to their pledges. 

"When I make a promise to the people I keep it, or I frankly 
tell the people why I cannot keep it. When my party makes a 
promise to the people, I want my party to keep the promise, 
cr I want the people to know the reason why. 

" Let us keep the faith. That is where I stand, and I will 
sand there to the end. If any man is against me in my 
determination to keep the faith, I must of necessity be against 
that man. 

" It is all very simple to me. If any democrat in this state 
is against the democratic platform, that man is no true demo- 
crat; and as the democratic governor of the state I shall do 
everything in my power to drive that recreant democrat out 
of the councils of the democratic party. 

" The record will show that for years I have been a con- 
sistent advocate of geniune direct primaries, and I firmly 
believe that the enactment into law of a state-wide direct 
primary bill, along the lines of the measure we prepared, and 
introduced in the legislature, will accomplish what the voters 
desire, and reflect greater credit on the members of the present 
legislature than the passage of any other act that can be pre- 
sented for the consideration of its members this year. 

" Let us be honest with the voters and keep our pledges to 
the people. At all events, as the governor, I shall, and if the 
legislature does not, I want the voters to know the reason why. 

"When we consider the waste, the extravagance, the in- 



Impeachment of Governor Sulzer 359 

efficiency, and the corruption, which have recently been 
brought to hght in connection with the administration of pub- 
lic affairs in our state, all due, in no small degree, to the fact 
that in recent years political power has been gradually slipping 
away from the people, who should always control it and wield 
it, there can be no doubt as to the necessity of this legislation 
and the duty of every voter in this all-important matter. 

" Every intelligent citizen is aware that those who subvert 
the government to their personal advantage have found their 
greatest opportunities to do so through the adroit and skillful 
manipulation of our system of political conventions. It must 
cease or our free institutions are doomed. 

" This is a struggle for good government — a fight to restore 
the government to the people. The cause is their cause. In 
this battle for direct nominations I will lead where any man will 
follow, and I will follow where any man will lead. 

" The voters of the state, however, must now see to it that 
the men they have sent to the senate, and the assembly, keep 
their promises, and in the extra session vote for our direct 
primary bill, or never hope again for political preferment. 

" In the recent session of the legislature the bosses told 
the people's representatives to beat our direct primary bill. 
In the extra session of the legislature, called by me, and soon 
to convene, I want the voters who elected the senators, and 
the assemblymen, to tell them to vote for our primary bill. 
Tell them that, and tell them if they disobey your mandate 
for the wishes of the bosses you will never vote for them again. 

" Instruct your representatives in the legislature what your 
wishes are in this matter. Tell them what you want them to 
do about our bill for direct primaries, and rest assured they 
will not dare to cheat you again. 

"If the voters in each assembly and senatorial district will 
do their duty for the next few days the direct primary bill will 
be passed in the extra session of the legislature and success will 
crown our efforts — but every voter must do his duty, and do it 
now." 



360 Tammany's Treason 



the governor's message— extraordinary session 

State of New York — Executive Chamber 

Albany, June 16, 1913 
To THE Legislature: 

The Republican party, in convention, last year, as a part 
of its platform, adopted the followimg: 

" We favor the short ballot, surrounding primary elections 
with the same safeguards as regular elections, the direct elec- 
tion of party committees, the direct nomination of party can- 
didates in congressional, senatorial, assembly, county and 
municipal subdivisions, and the direct election of delegates to 
state conventions, with the right of party electors to directly 
express their preference for nominations for state offices if 
they so desire." 

The Progressive party, in convention, last year, as a part 
of its platform, adopted the following: 

" We pledge the enactment of a real direct primary law 
applicable to every elective office and a presidential prefer- 
ence primary law." 

The Democratic party, in convention, last year, as a part 
of its platform, adopted the following: 

" The Democratic party was the first to recognize the demand 
for a state-wide direct primary and so declared in the Rochester 
platform of 1910, and the Democratic legislature of 1911, 
despite Republican"]^ opposition, enacted the first state- wide 
direct primary law in the history of the state. We again 
declare in favor of the principle of the direct primary and we 
pledge our legislature to adopt such amendments to the exist- 
ing laws as will simplify and perfect the direct primary system." 

It must be apparent, to the average man, from a careful 
reading of these platforms, that the leading political parties, in 
our state, are irrevocably committed, by the most explicit prom- 
ises, to the enactment of legislation for direct nominations. 
As a matter of fact, it seems to me, all the members of the 
present legislature are instructed by these pledges, of their 



Impeachment of Governor Sulzer 361 

respective parties, and are, therefore, in duty bound by the 
highest political obligations, to vote for a state-wide direct 
primary measure. 

In my message to the legislature at the beginning of the 
year I said : ' We are pledged to the principle of direct primar- 
ies, state-wide in their scope and character, and I urge the 
adoption of such amendments as will simplify the procedure, 
and make complete and more effective the direct primary 
system of the state." 

As nothing was done, of material moment, in connection 
with this recommendation, and to carry out in good faith the 
pledges above mentioned, I again, in the early part of April, 
in a special message, urged the legislature, in the interest of 
the general welfare, to hearken to the insistent demands of 
the people throughout the state for a direct state- wide primary 
law. Much to my disappointment, however, the legislature 
adjourned without, in this respect, meeting the just expecta- 
tions of the voters. 

So a sense of public obligation made it my duty, in the interest 
of the common weal, to reconvene the legislature in extra- 
ordinary session, to the end that the recommendations I have 
made to the legislature for direct primaries can be considered, 
without further delay, and a bill passed for direct nominations 
which will fulfill party pledges. In response to the over- 
whelming sentiment of the state, I am convinced, we should 
do this as a matter of duty to our constituents. 

The record will show that for years I have been a consistent 
advocate of direct nominations. I am now, always have been, 
and always will be in favor of carrying out, in letter and in 
spirit, the platform pledges of a political party. The best way 
to strengthen a political party is to keep good faith with the 
voters. 

Hence, in view of all the circumstances, in connection with 
the struggle in our state for a law to give the voters the right 
to nominate, it is my candid opinion that the legislature in 
this extraordinary session, without unnecessary delay, should 
give heed to its promises, and immediately consider, and, 
with due deliberation, aid me to write upon our statute books a 
practicable and a comprehensive state-wide direct primary 
law that will faithfully carry out our pledges to the people. 



362 Tammany's Treason 

Direct nominations will go far to restore to the people the 
complete control of their state government; and afford the 
voters of the state the freest expression of their choice of can- 
didates for public office. 

The voters believe themselves just as competent to directly 
nominate all officials as the delegates they select. They want 
this right to nominate because they have so often found the 
delegate system was not a faithful agency of their wishes, and 
that it not infrequently failed to meet the demands and the 
expectations of the people. 

All the arguments now used against the abolition of the 
convention, or the delegate system of nominations, have been 
used in opposition to the direct election of United States 
senators, but these arguments have been all in vain against 
the ever rising tide of popular sovereignty and progressive 
democracy. 

Let us be true to ourselves. Let us not try to deceive the 
people. The plain fact is, that in our primary reform legis- 
lation we, in New York state, have left off our work just where 
the citizens expected us to begin. 

By not making our primary law apply directly to the 
nomination of state officers we have continued the delegate 
system in the particular field in which it has proven the most 
unsatisfactory to the people. 

That the voters of our state are determined to have no 
intermediary between themselves and their public servants 
has been shown by the adoption of the seventeenth amend- 
ment to the Federal Constitution, under which the people have 
taken from the legislatures of the states the right to elect 
senators in congress. 

There are only two kinds of primaries — direct and indirect. 
The latter kind constitutes the present reactionary delegate 
system; the former kind constitutes the progressive system 
which the people of our state now demand. I am for the 
direct system. 

I want the people to nominate their officials because I want 
the people to rule their government. The people know that 
the power to nominate is the power to control. That is the 
reason the voters, regardless of party affiliations, favor direct 
nominations. 



Impeachment of Governor Sulzer 363 

To have direct primaries and to have conventions of dele- 
gates is impossible. Direct primaries have been devised by 
the friends of good government to permit the voters in each 
political party to nominate their candidates for public office 
directly without the intermediary of delegates, and as, of 
course, you cannot have conventions without delegates, it 
follows, as the night the day, that the convention system must 
go, and honest direct primaries must come. There is no 
middle ground. There can be no compromise. Those who 
want to compromise are against the enrolled voters of their 
party. You cannot compromise a principle. 

It is self-evident to me that if the voters are competent to 
directly elect all their public officials they are just as compe- 
tent to directly nominate these same officials. Any assertion 
to the contrary is an indictment against the intelligence of 
the electorate of the state. 

If it is important for minor officials to be nominated by the 
people, it is still more important, it seems to me, that the 
people be given the power to nominate candidates for United 
States senator and for governor. If selfish interests seek to 
control public affairs for the promotion of their personal ends, 
through the manipulation of party conventions, the plain 
people should seek to do the same thing by taking in their 
own hands the right to nominate directly every one of these 
important officials. 

The adoption of state-wide direct primaries, and the aboli- 
tion of delegate conventions, is in no sense an abandonment of 
the principles of representative government, but on the con- 
trary it is a protest against the perversion of representative 
government. 

Under direct primaries the people will govern themselves, 
through officials the same as now, but through officials directly 
nominated and elected by themselves. Representative gov- 
ernment is only made actual when the power to name candi- 
dates is taken away from the few, and placed in the hands of 
all the enrolled voters of each political party. 

The changes which the friends of direct nominations advo- 
cate in our primary law are in harmony with the spirit of the 
times, and will go far, in the opinion of sagacious men, to per- 
petuate our free institutions. 



364 Tammany's Treason 

These salutary changes in our primary system aim to restore 
to the voters of each political party the rights which have been 
usurped by the few, for the benefit of powers invisible, which 
aim to control governmental officials, to pass laws, to prevent 
the passage of other laws, and to violate laws with impunity. 
To these invisible powers I am now, always have been, and 
always will be opposed. 

No government can be free which does not allow all of its 
citizens to participate in the formation as well as the execution 
of its laws. Every other government is a mere form of despot- 
ism. The political history of the centuries clearly illustrates 
the truth that, under the forms of democratic government, 
popular control may be destroyed, and corrupt influences, 
through invisible political power, establish a veritable des- 
potism. 

If it is wise to trust the people with the power to nominate 
some public officials, I am sure it is just as wise to trust them 
with the power to nominate all public officials. I believe it 
is as wise to trust them to nominate a governor, as to trust 
them to nominate a constable; and as wise to trust them to 
nominate a supreme court judge, as to trust them to nominate 
a justice of the peace. The men who trust the average integ- 
rity, the men who believe in the average intelligence, of the 
voter, know not where, consistently, to draw the line as to 
the officials all should nominate, and the officials the few should 
nominate. As a believer in popular sovereignty I am opposed 
to establishing a political dead line regarding this fundamental 
right of the people to nominate all of their public servants. 

The people have been trusted with this power to nominate 
in many other states, and they have used it to bring about 
greatly improved conditions. Let the Empire state put itself 
in line with the foremost states in the Union, by favoring 
nominations by the people, for thus only can we secure a 
government of the people and by the people. 

As convincing proof of the success, and the popularity, of 
state-wide direct primaries, in other states, permit me to 
respectfully submit to the legislature the following testimony 
of a few of the most distinguished citizens and public officials 
in our country. 



Impeachment of Governor Sulzer 365 

United States senator George E. Chamberlain, of Oregon, 
says: 

" The direct primary of Oregon has so far proved satis- 
factory to our people." 

United States senator Morris Shepherd, of Texas, says: 
" Our system of direct primaries in Texas meets with uni- 
versal approbation," 

William Hodges Mann, governor of Virginia, says: 
" Our primary law is applicable to all state offices. Indeed, 
we have been holding a primary for United states senators 
for some time, and the legislature has always elected the man 
selected by the people. I can say that the primary has worked 
well in this state." 

Frank L. Houx, secretary of state of Wyoming, says: 
" I consider our state- wide direct primary law one of the 
best laws ever placed upon our statute books. It eliminates 
' Boss Rule ' that has heretofore prevailed in the nominating 
conventions and gives the people at large a voice in who the 
candidates shall be." 

Governor Cox, of Ohio, says: 

"Our primary law applies to all state officers. I would feel 
that the fundamental principle of popular participation in 
government would be violated if all the state officers from the 
governor down were not selected by popular choice." 

United States Senator Gilbert M. Hitchcock, of Nebraska, 
says: 

"Our direct primary system, as far as it relates to the 
candidates for senator or governor, is an unqualified success." 

United States Senator Henry F. Hollis, of New Hampshire, 
says: 

" The New Hampshire system of direct primaries certa nly 
meets the expectations of the people. The politicians criticise 
the plan, but it works well." 

United States Senator James E. Martine, of New Jersey, 
says: 

" I feel justified in stating that our New Jersey direct 
primary system meets with the general approval of the public." 



366 Tammany's Treason 

David S. Crater, the Secretary of State of New Jersey, 
says: 

"The direct primary law of this state applies to state, county 
and municipal offices; also to members of congress. So far 
as I am able to determine, it seems to be satisfactory in every 
respect." 

Lee Cruce, the Governor of Oklahoma, says: 

" Direct primaries are in operation in this state for the nomin- 
ation of all state, county and municipal officers. It has given 
better satisfaction than the old convention system and there 
is no disposition to return to the old way. Oklahoma has been 
a pioneer in the matter of direct primaries, and has no reason 
to take backward steps along these lines." 

Governor Oswald West, of Oregon, says: 

" The direct primary system in this state obtains from 
constable to the United States senator, including municipal 
officers. As a result of the law Oregon has abolished the boss 
and has relegated a political machine to almost forgotten 
history. It is most satisfactory, and while the law which was 
enacted by the people was given an overwhelming majority, I 
am confident that should the question be again submitted to 
them, they would endorse the law by even a greater majority 
than the first. I do not believe that the people of this state 
would revert to the old system of corrupt political machine 
methods under any consideration." 

Elliott W. Major, Governor of Missouri, says: 

"Our law requires all candidates for elective offices to be 
nominated at a State primary. The law has operated well and 
has given satisfaction, and is the only way to give the people a 
fair chance to select the men whom they wish to represent 
them as party nominees. The people elect their public officers 
at the general election and the people are competent and 
qualified to elect their nominees, who in turn become their 
public officers. Of course the would-be political bosses and 
certain corporate interests which meddle in politics are opposed 
to state primaries. It interferes with their manipulations and 
combinations. They wish to act as the guardians of the people 
and select their nominees for them. Let the people, by direct 



Impeachment of Governor Sulzer 367 

vote, select their own candidates. That is pure democracy, 
and in keeping with the ideals of a republican form of govern- 
ment. I am a strong advocate of the State primary law because 
it more nearly approaches the real rule of the people. I would 
rather trust the people than trust the men who, because of 
their selfish interests, think the people are not capable and 
should not be permitted to say who they wish for candidates. 
If you permit such fellows and interests to select your entries 
for you in the political race, you need not expect much in the 
end. 

" I cannot understand upon what principle anyone can 
oppose the people in exercising their right to select nominees 
at a state primary election. Let the people do the selecting, 
and not a coterie who wish to act for the people. Our state 
has tried the law and has met the test, and has given entire 
satisfaction, and no man in this state in public life would dare 
for a moment to advocate its repeal." 

Frank J. Donahue, Secretary of State of Massachusetts, says: 

"Our law provides that all officers to be voted for at a state 
election shall be nominated by direct plurality vote in party 
primaries. This, as you will see, includes the direct nomina- 
tion of United States senators. It further provides for the 
direct election of members of the state committees of the 
political parties — not less than one from each senatorial dis- 
trict. The state-wide direct primary law was adopted in 1911, 
and under it we have had two direct primaries. That its 
operation is satisfactory is admitted even by those who had 
vigorously opposed for years the passage of such a law by the 
legislature. The fight for state-wide direct primaries in this 
state extended over several years, but finally so strong did the 
demand become that in 1911 the house passed the direct 
primary bill with only fifteen dissenting votes out of the two 
hundred and forty members, and it was passed in the senate 
without a division." 

Governor Brewer, of Mississippi, says : 

"Our law applies to all state officials. Taken on the whole 
I regard the primary law as satisfactory. There is no question 
in the world that by this method the wishes of the people are 



368 Tammany's Treason 

carried out, which cannot be said of the ordinary ' convention ' 
method." 

United States Senator James K. Vardaman, of Mississippi, 
says: 

" In Mississippi the direct primary law has served to put the 
government in the hands of the people rather than the bosses. 
It amuses the voter to study all economic and governmental 
questions and to realize that this is a government which 
derives all of its just powers from the consent of the governed. 
It has done more. It has made the voter feel his responsibility 
for the laws and to appreciate the real function of citizenship. 
Every state in this republic should provide for the election of 
every officer from governor down by a direct vote of the people. 
The nomination by primary is only an application of this 
universally beneficent system." 

W. C. Elliston, clerk to the Secretary of State of Kentucky, 
says: 

" The primary election law of Kentucky applies to all offices 
and the various officials, both state and county, are elected 
under its provisions. The law has been a success from every 
standpoint, and we think it quite a step along progressive 
principles to elect our various officers under it." 

Governor O. B. Colquitt, of Texas, says: 

" I was among the first to advocate a general primary 
election law many years ago. Formerly a few politicians 
would get together in precinct or mass meetings, elect delegates, 
and adopt resolutions committing the party to policies and 
candidates often not approved by the majority of the people. 
Our state-wide direct primary is infinitely better than the old 
system which it supplanted." 

Governor Francis C. McGovern, of Wisconsin, says: 

" In regard to the operation of direct primaries in our state, 

it has cleaned up the legislature and given us different kind of 

men than formerly, more independent." 

Governor Luther E. Hall, of Louisiana, says : 
" There is no prospect that the state of Louisiana will ever 
return to the Convention plan of making nominations. Old- 



Impeachment of Governor Sulzer 369 

time politicians are now and then heard to decry the direct 
primary and to sigh for the convention, but this sentiment is 
not wide-spread and may be said to be negligible." 

Governor James F. Fielder, of New Jersey, says: 
" In 1912 by further enactment amending our primary law, 
presidential electors were included with the result that there 
is no longer any convention held in the state of New Jersey for 
nominating purposes. Last year there was a preferential 
vote for president, and now all presidential electors as well as 
all state, county and municipal officers are nominated by the 
direct primary. The manner in which our laws have been 
amended from time to time until they finally include all 
elective officers in the state is the best evidence of their popu- 
larity." 

Governor George W. P. Hunt, of Arizona, says: 
" In Arizona the direct primary law is applicable to all 
elective state officials. I will say without hesitancy that the 
system of direct primaries applicable to all officers is im- 
measurably better than the old method of nominating by 
conventions." 

Charles H. Sessions, Secretary of State of Kansas, says: 
" The Kansas law applies to all elective officers from United 
States senator down to township trustee. The law works so 
well in regard to its application to nominations for all officers 
that no attempt, or even a serious suggestion, has been made 
to repeal it. What opposition there was to the enactment of 
the law has almost disappeared. Now and then a politician 
protests against it, but on the whole it is very popular with 
the people and it has come to stay." 

Governor Park Trammell, of Florida, says: 

" The primary system has been in force for about twelve 
years, and has given almost universal satisfaction. Some four 
years ago in our democratic primary a question was put before 
the voters as to whether or not a state convention was desired, 
it being the claim of the supporters of the convention that it 
was merely for the purpose of making a party platform. Many 
were of the opinion, however, that it was for the purpose of 
attacking the primary system. The vote was about five to 



370 Tammany's Treason 

one against the state convention. This expression indicated 
very conclusively how the people of Florida felt at that time 
relative to nominating by primary. The primary system has 
come to stay in this state." 

United States Senator Henry S. Ashurst, of Arizona, says: 
" It is impossible to exaggerate the civic benefits which flow 
from a pure, sweeping, state-wide primary election law. The 
primary nomination which abolishes the convention, eliminates 
the * purchase proxy.' It destroys the secret caucus methods, 
and it guarantees to the plain citizen the same degree of 
potentiality as each and every other citizen possesses. Now 
and then, in the past, a legislature, or a political convention, 
has been found on the bargain counter and purchased as so 
many oxen in the field, but it is impossible to purchase all the 
people. 

" In Arizona we have a state-wide primary law for the nom- 
ination of all candidates, including United States senators, 
and while it might seem ungracious in me to praise the bridge 
which carried me over, I cannot refrain from observing that in 
Arizona, I, a poor man, with absolutely no income whatever 
except my small law practice, was enabled by means of the direct 
primary, where the people had the right to express their choice, 
to defeat the combined influences of the railroads, national 
banks, the smelter trust and every corrupt politician in the 
state, all of which interests confederated and combined in the 
hope of bringing about my defeat and electing a reactionary. 

" I mention this circumstance to show that a direct primary 
does not operate in favor of the rich man and against the poor 
man, for we frequently find the argument advanced by the 
opponents of the direct primary, that 'under the direct primary 
no one but a rich man may enter the political field.' The very 
reverse is true. A poor man may enter the primary, and if he 
have ability, facts, courage and energy, he may canvass any 
of our largest and most populous states by the expenditure of 
a few hundred dollars, whereas, if he were required to go before 
a convention to obtain a nomination, a number of sinister 
private interests would be able to cohere, by means of pur- 
chased proxies and by means of secret caucus methods, control 
the situation." 



Impeachment of Governor Sulzer 371 

This unimpeachable testimony — and I could adduce much 
more — seems quite conclusive, and if any one tells us that a 
direct nominations law is not a good thing for New York, we 
can point to what other states have done through the agency 
of this beneficent reform as a refutation of the reactionary 
assertion. 

No man fears direct primaries, except a man whose character, 
and whose ability, and whose mentality cannot bear the search- 
light of publicity. No man fears direct primaries, unless he 
wants to be the creature of invisible government rather than 
the servant of popular government. 

Let me, therefore, renew my former recommendations, 
reiterate all that I have previously said, and again sincerely 
and earnestly urge the legislature to pass a direct primary 
bill that shall provide: 

1. That all party candidates for public office shall be 
nominated directly by the enrolled party voters at an official 
primary — the official primary to be conducted by the state, 
and surrounded with all the safeguards of an official election — 
any violation of the official primary law to be a felony. 

2. A state committee of 150 members, one from each 
assembly district, and a county committee for each county, 
to be elected directly by the enrolled party voters at the official 
primary. 

3. All party candidates for public office to be voted for in 
the official primary must be designated by petition only, the 
same as independent candidates. 

4. Every designating petition should contain the appoint- 
ment of a committee for filling vacancies on the primary 
ballot. 

5. Candidates to be arranged on the ballot under the title 
of the office. Order of arrangement to be determined in each 
group by lot, by the commissioners of election, in the presence 
of the candidates or their representatives. All emblems on 
the official primary ballot must be abolished. Names of 
candidates to be numbered. The voter to indicate his choice 
by making a separate mark before the name of each candidate. 

6. The number of enrolled party voters required to sign a 
designating petition should be fixed at a percentage of the 
party vote for governor at the last preceding election, except 



372 Tammany's Treason 

that for state offices the number should not exceed 5,000 
enrolled party voters, of which 100 shall be from each of at least 
twenty counties. 

7. The primary district should be made identical with the 
election district, and the primaries of all parties should be held 
at the same polling place, conducted by the regular official 
election officers, just the same as an official election. 

8. Each party to have a party council to frame a platform; 
such council to consist of the party candidates for office to be 
voted for by the state at large; party congressmen and party 
United States senators; candidates for the senate and assem- 
bly; members of the state committee; and the chairman of 
each county committee. 

9. The time for filing independent nominations subsequent 
to the filing of party nominations should be increased from 
five days, as now provided, to fourteen or more days. The 
number of signers of an independent certificate of nomination 
should conform to the number of signers of a party designation. 

10. Election of United States senator by the people should 
be provided for in accordance with the recent constitutional 
amendment. Nominations for United States senator to be 
made at the official primary in the same manner as for the 
office of governor. 

11. Registration days in the country should be reduced 
from four to two, and registration in the country should be by 
affidavit where voter does not appear personally. 

12. Boards of elections in counties having less than one 
hundred and twenty thousand inhabitants should be reduced 
from four members to two, in order to decrease the expenses. 

13. The use of party funds at primary elections to be abso- 
lutely prohibited, and made a felony. 

14. The penal law should be amended limiting to a reason- 
able sum the amount of money that may be expended by a 
candidate, or anyone on his account, for the purpose of seeking 
a nomination to public office, any violation of the same to be a 
felony, and make the nomination, if secured, a nullity. 

15. Delegates and alternates from the state at large, and 
from congressional districts, to the national convention, 
should be chosen by the direct vote of enrolled party voters at 
the official primary. 



Impeachment of Governor Sulzer 373 

Such a law, in my judgment, will substantially redeem our 
party pledges amd meet the just demands of the enrolled 
party voters of the state. Any proposition less than this begs 
the whole question and violates the pledged faith of the several 
political parties to their voters in the state. 

In this connection, I deem it my duty, to say to the legis- 
lature, that I have no pride of opinion regarding details and 
non-essentials in the construction and the enactment of this 
legislation. The assertion that I have said that my bill must 
pass without the crossing of a '%" or the dotting of an "i," is 
absurd, and without the slightest foundation in fact. I have 
had too much experience as a legislator to utter such narrow- 
minded sentiments. As a matter of fact, the truth is, I have 
no vanity of authorship, and want none. My struggle is for 
the essential principle of state-wide direct nominations. On 
that fundamental principle the friends of state-wide direct 
primaries declare that there can be no honorable compromise. 

No one can be deceived as to my contention and as to my 
attitude. All I am seeking to accomplish is to write on our 
statute books, an honest, and a simple, and a practicable 
direct nominations law — state-wide in its scope and applica- 
tion — in order to carry out in good faith party promises. That 
is all. Can I be more fair and more reasonable? 

Let us be honest about direct primaries, and keep our 
pledges to the people. At all events, as the governor, I shall, 
and if the legislature does not, the people will know the reason 
why. 

Wm. Sulzer 



374 Tammany's Treason 

memorandum approving the full crew bill 

THE MAN ABOVE THE DOLLAR 
By Governor William Sulzer 

The Full Crew bill, which I signed, is a meritorious measure 
and provides that the railroad trains running through the state 
of New York shall hereafter be sufficiently manned to con- 
serve human life and limb. 

Identical bill passed the legislature twice before, but did not 
meet with executive approval because it was believed the pub- 
lic service commission had power to remedy the evils of which 
complaint is made. However, the railroads heretofore have 
contended that the public service did not have this power 
and was without jurisdiction. 

The only objection to the measure on the part of the rail- 
roads was that it would increase to some extent the cost of 
operation by reason of the fact that an additional man would 
have to be employed on some of the long trains. The same 
objection could be urged with equal force to any improvement 
in the methods of railroad operation. 

In my opinion the conservation of human life and limb is 
more important to the people than a little additional expense 
in the operation of the railroads. The state, for its own 
welfare, has the right to demand the employment upon the 
railroads of every safety appliance, whether mechanical or 
human, in the interest of life and limb and greater safety 
standards. 

Every safeguard, it seems to me, should be employed by 
the railroads to prevent wrecks; to protect the property of 
shippers; and to save human life and limb, not only of the 
employees but of the traveling public. The progressive 
spirit of the times demands it, and the trend of present day 
legislation is all that way. 

The official records of the state of New York show that five 
times as many passengers were killed in this state last year as 
were killed five years ago ; three times as many were killed last 
year as were killed four years ago; more than twice as many 



Impeachment of Governor Sulzer 375 

were killed last year as were killed three years ago; and more 
than twice as many were killed last year as were killed two 
years ago. The records also show an increased annual killing 
and maiming of employees. The people of the state of New 
York feel outraged that the railroad companies in New York 
killed last year 280 employees; maimed 6,690 employees; 
killed 45 passengers; and injured 945 passengers. The people 
believe the Full Crew law will go far to stop this slaughter. 

The Full Crew law is not unjust to the railroads, but simple 
justice to the railway employees and the much-concerned 
traveling public. The rights of the people must not be over- 
looked, especially in view of the appalling fact that during 
the twenty-four years covered by the statistics of the Inter- 
state Commerce Commission, 188,037 persons have been killed, 
and 1,395,618 persons injured on the railroads of the United 
States. This is an average of 7,835 persons killed, 58,150 
persons injured each year, or a total of nearly 66,000 persons 
killed and injured annually. This means that for every day 
during the past twenty- four years 181 persons have been 
killed or injured — nearly eight every hour or one every seven 
minutes with the regularity of clock work. 

The ravages of war pale into insignificance before these sad 
and silent statistics of the destruction of human life and limb 
accompanying the peaceful operation of the railroads. Any 
agency that will stop it is an agency for good. Human life is 
more important than dividends. Surely the general welfare 
rises superior to the dividends of the railroads. 

Of course I do not complain on account of the railroad 
officials denouncing me because I signed this just and meri- 
torious measure. But I assure them as the governor of New 
York, that I am more interested in the conservation of human 
life, than I am in the conservation of railroad dividends. 

Everybody knows that railroad officials are paid very large 
salaries for looking after the interests of the railroads. The 
rank and file know that I am paid a small salary in comparison 
for looking after the interests of the people. When I became 
governor I said no influence would control me in my official 
conduct except the influence of my own conscience and my 
determination to do my duty to all the people as I see the right 
and God gives me the light. 



376 Tammany's Treason 

My duty to the people in this matter was plain and I signed 
the Full Crew bill, against the protests of the railroad officials, 
for the greatest good to the greatest number. 

These railroad officials are working for the railroads. As the 
governor of the state of New York I am working for the 
people. I see things from the people's standpoint and they see 
things from the standpoint of the railroads. The railroad 
officials put the dollar above the man. I put the man above 
the dollar. A human life to me is worth more than a human 
dollar, the opinion of the railroad officials to the contrary 
notwithstanding. 

In my judgment if the railroads sufficiently equip their 
trains with competent crews they will have fewer accidents 
and less wrecks. This in the end will prove economy to the 
railroads and prevent them from being subjected to suits for 
damages and large financial losses necessarily arising there- 
from. A year from now I undertake to say that if any attempt 
is made to repeal this humane Full Crew law the railroads 
themselves, in the interest of economy, will be the first to 
object. 

William Sulzer 



Impeachment of Governor Sulzer 377 



THE GOVERNOR'S LAST MESSAGE TO THE LEGISLATURE 
PREVIOUS TO IMPEACHMENT 

MESSAGE OF THE GOVERNOR, JULY 23, 1913 

State of New York — Executive Chamber 

Albany, July 23, 1913 
To the Legislature: 

The regular session of this legislature convened this year on 
January 1, 1913, and it adjourned on May 3, 1913. 

Prior to the thirty-day period for the consideration of 
measures by the Executive, the legislature had passed and sent 
to the executive, for his consideration, 531 bills. Of these, 
442 were approved. A memorandum was filed with 22 of the 
measures. There were recalled 74 bills; and 15 were vetoed 
with separate veto messages. 

During the thirty-day period the executive had under 
consideration 701 bills. Of these 351 were approved ; and 350 
were vetoed, with 19 memoranda of approval and 51 memo- 
randa of disapproval. 

All told, 793 bills were enacted into laws, out of a total of 
1,232 bills, passed by the legislature and submitted to me for 
consideration. 

The financial bills passed by the legislature, excluding 
sinking fund and bond interest bills, aggregated a total of 
$55,108,705.25, made up as follows: 

General appropriations $30,236,987.29 

General supply bill 6,916,922.60 

Special appropriations 17,954,795.36 



I approved $29,825,897.29 of the general appropriation bills; 
$4,178,505.73 of the general supply bill; and $13,778,862.21 
of the special appropriation bills, making a total of 
$47,783,265.23. 

The total of financial items and bills which I vetoed amount 
to $7,325,440.02. 

During the regular session, the legislature having failed to 
pass a bill for direct primaries, on May 8, 1913, I issued a 



378 Tammany's Treason 

proclamation convening the legislature in extraordinary session 
to commence June 16, 1913. 

This extraordinary session of the legislature was called for 
the purpose of considering the people's bill for state-wide 
direct primaries. It has been in session for a few minutes 
now and then for a period of over a month, but has signally 
failed to pass a state-wide direct primary bill, containing pro- 
visions which I recommended, and which I believe should be 
on the statute books of our state. 

Since the extraordinary session convened, I have been urged, 
and for reasons which seemed to me to be quite sufficient, I 
have recommended for the consideration of the legislature 
several other measures, concerning each of which I have sent 
to the legislature a bill with a special message. They relate to 
the following matters : 

On June 18th, recommending the passage of a bill to submit 
to the voters of the state at the regular election in November, 
1913, the question " Shall there be a convention to revise the 
Constitution and amend the same?" 

On June 23rd, recommending temporary legislation relating 
to maintenance contracts on the highways. 

On June 23rd, recommending the passage of a bill for the 
legal conveyance to the state, by the authorities of the city of 
New York, of the title to the land and appurtenances of the 
Long Island State Hospital. 

On June 24th, recommending the passage of a measure 
exempting from sanitary inspection seed oyster beds within 
the state of New York. 

On June 24th, recommending the passage of a bill con- 
cerning the extension of the time when the law commonly 
known as the " Housing Law," being Chapter 774 of the Laws 
of 1913, shall take effect. 

On June 24th, recommending the passage of a bill providing 
for the direct tax for the payment of interest and principal 
due on the state debt. 

On June 25th, recommending necessary legislation relating 
to the appropriation by the state of toll bridges crossing the 
canals. 

On June 25th, recommending legislation concerning the 
operation of the proposed terminal railway in the Borough of 
Brooklyn. 



Impeachment of Governor Sulzer 379 

On June 25th, recommending that Chapter 463 of the 
Laws of 1913, entitled "An act to amend the Labor Law, in 
relation to bakeries," should not be effective against cellar 
bakeries until a certain time after May 9, 1913, when the 
law went into effect. 

On June 25th, recommending necessary legislation to aid the 
state architect's office in doing its important work. 

On July 8th, recommending the enactment of the optional 
city charter bill. 

On July 16th, recommending the enactment of essential 
legislation to relieve disgraceful prison conditions in the state 
of New York. 

Since the convening of this extraordinary session I have 
sent the following appointments to the senate for confirma- 
tion: 

To Be a Trustee of Cornell University: 

John DeWitt Warner, of New York City, a former member 
of congress, and a well-known lawyer. He is an alumnus of 
the university and peculiarly qualified for the duties of the 
office. 

For Commissioners of the State Reservation at Niagara: 

Elton T. Ransom, of Ransomville, N. Y. 

Abram J. Elias, of Buffalo, N. Y. 

John L. Romer, of Buffalo, N. Y. 

Obadiah W. Cutler, of Niagara Falls, N. Y. 

These gentlemen are well-known citizens, who take a deep 
and an abiding interest in the affairs of this reservation. 

For Public Service Commissioners, Second District: 

William E. Leffingwell, of Watkins, N. Y., to succeed Frank 
W. Stevens, resigned. 

Mr. Leffingwell was formerly a conspicuous member of 
assembly. He is a successful business man of much experience 
and well qualified for the position. 

Charles J. Chase, of Croton-on-Hudson, N. Y., to succeed 
Curtis N. Douglas, term expired. 

Mr. Chase has been connected with the New York Central 
and Hudson river railroad for more than twenty years as a 



380 Tammany's Treason 

locomotive engineer. He is endorsed by railroad organiza- 
tions, as well as by bankers, merchants, clergymen and dis- 
tinguished citizens. 

For Commissioner of Labor: 

James M. Lynch, of Syracuse, N. Y., to succeed John 
Williams, resigned. 

Mr. Lynch is one of the foremost labor leaders in America. 
He is the president of the International Typographical union, 
whose membership numbers more than 50,000 enrolled printers. 
Representatives from the allied printing trades; various labor 
organizations, and many prominent citizens indorse Mr. 
Lynch for this important position. It is generally admitted 
he is well qualified to perform its arduous duties. 

For Commissioner of Prisons: 

James T. Murphy, of Ogdensburg, N. Y., to succeed Edgar 
A. Newell, term expired. 

Mr. Murphy is a well-known merchant of Ogdensburg, and 
takes great interest in these institutions. 

Rudolph F. Diedling, M. D., of Saugerties-on-Hudson, 
N. Y., to succeed Simon Quick, term expired. 

Dr. Diedling was at one time surgeon of the Elmira reform- 
atory, and is very conversant with the duties of the office for 
which he has been selected. 

For Trustee of the New York State Hospital for the 
Treatment of Incipient Pulmonary Tuberculosis: 

George L. Brown, of Elizabethtown, N. Y., to succeed 
Martin E. McClary, resigned. 

Mr. Brown is a well-known and respected citizen of Eliz- 
abethtown; editor of a newspaper, and the present postmaster. 

For Trustee of the State College of Forestry at Syra- 
cuse University: 

Francis Hendricks, of Syracuse, N. Y., to succeed George 
E. Dunham, heretofore appointed and unable to serve. 

Mr. Hendricks is a highly respectable citizen of Syracuse. 
He was formerly state senator; collector of the port of New 
York, and^state superintendent of insurance. 



Impeachment of Governor Sulzer 381 

For Hell Gate Pilot: 

Albert A. Fordham, of the City Island, N. Y., reappointed. 
Was appointed in 1912 upon the recommendation of the Board 
of Port Wardens. 

For Fire Island State Park Commissioners: 

Colonel Alfred Wagstaff, of New York city, to succeed 
Samuel L. Parish, who declined reappointment. 

Colonel Wagstaff is too well known to need introduction. 
He resides on Long Island and is the clerk of the Appellate 
division, Supreme Court, first department. 

James W. Eaton, of Babylon, N. Y., to succeed John H. 
Vail, term expired. 

Mr. Eaton is a large property holder and actively interested 
in the development of the South Shore of Long Island. 

Edward Blum, of the Borough of Brooklyn, reappointed. 

Mr. Blum is a prominent business man and has served 
continuously in this office since its organization in 1908, per- 
forming very efficient service. 

These recommendations and these nominations speak for 
themselves; they are made in the interest of the common 
weal, and I indulge in the hope that the legislature will con- 
sider them on their merits, ere the adjournment of this extra- 
ordinary session. 

Of course I am aware of the inconvenience imposed upon 
the members of both branches of the legislature through the 
necessity of their attendance at this extraordinary session, 
and I appreciate that the consideration of certain charges in 
the Cohalan case may have prevented the consideration of 
some of these legislative matters. However, there is no 
reason now why all these matters should not be speedily 
considered and promptly disposed of — one way or the other. 

The legislature must recognize that its continuance in 
session adds largely to the burdens of the taxpayers through 
necessary expense; and while it is proper that the pending 
matters should receive careful consideration, it is respectfully 
suggested, in the interest of economy, that they be disposed 
of at the earliest possible time, and the Legislature then 
adjourn. 



382 Tammany's Treason 

It is useless to deny that at the present season of the year it 
is extremely difficult to secure the presence of a quorum to 
pass legislation, but I feel confident that an announcement by 
the legislative leaders, strictly adhered to, that pending legis- 
lation must be promptly considered by the votes of all the 
members, will accomplish the desired result; and to that 
purpose, I respectfully urge again that the measures recom- 
mended by me receive immediate and favorable consideration. 

With a view of assisting the speedy despatch of pending 
legislative business, and of reducing to a minimum the necessary 
expense of this extraordinary session of the legislature, I hereby 
announce, for the information of the members, and all others 
interested, that I shall recommend to this extraordinary 
session no further legislation. 

For the reasons herein stated, I now earnestly urge the 
prompt consideration, by this legislature, of pending measures; 
and by the senate, the early action upon the appointments I 
have submitted, to the end that the general welfare be pro- 
moted; the convenience of the members conserved, and the 
expenses to the taxpayers of a protracted session reduced to 
the minimum. 

Wm. Sulzer 



Impeachment of Governor Sulzer 383 



THE ARTICLES OF IMPEACHMENT AGAINST 
GOVERNOR V^ILLIAM SULZER 

The following are the articles of impeachment against 
Governor WilHam Sulzer: 

Articles exhibited by the assembly of the state of New York in 
the name of themselves and of all the people of the state of New 
York against William Sulzer, governor of said state, in main- 
tenance of their impeachment against him for wilful and corrupt 
misconduct in his said office, and for high crimes and mis- 
demeanors. 

Article I. 

That the said William Sulzer, now governor of the state of 
New York, then being governor-elect of said state for the term 
beginning January 1, 1913, he having been elected at the 
general election held in said state on the 5th day of November, 
1912, was required by the statutes of the state then in force 
to file in the office of the secretary of state within twenty days 
after his said election a statement setting forth all the receipts, 
expenditures, disbursements and liabilities made, or incurred 
by him as a candidate for governor at said general election at 
which he was thus elected, which statement the statute re- 
quired to include the amount received, the name of the person 
or committee from whom received, the date of its receipt, the 
amount of every expenditure or disbursement exceeding five 
dollars, the name of the person or committee to whom it was 
made, and the date thereof, and all contributions made by him. 

That, being thus required to file such statement, on or about 
the 13th day of November, 1912, the said William Sulzer, 
unmindful of his duty under such statutes, made and filed in 
the office of the secretary of state what purported to be a 
statement made in conformity to the provisions of the statute 
above set forth, in which statement he said and set forth as 
follows, to wit: That all the moneys received, contributed or 
expended by said Sulzer, directly or indirectly, by himself or 
through any other person, as the candidate of the democratic 
party for the office of governor of the state of New York, in 
connection with the general election held in the state of New 



384 Tammany's Treason 

York on the fifth day of November, 1912, were receipts from 
sixty-eight contributors, aggregating five thousand four 
hundred and sixty ($5,460) dollars, and ten items of expendi- 
ture, aggregating seven thousand seven hundred twenty-four 
and 9-100 ($7,724.09) dollars, the detailed items of which 
were fully set forth in said statement so filed as aforesaid. 

That said statement thus made and filed by said William 
Sulzer as aforesaid was false, and was intended by him to be 
false and an evasion and violation of the statutes of the state, 
and the same was made and filed by him wilfully, knowingly, 
and corruptly, it being false in the following particulars, 
among others, to wit : 

It did not contain the contributions that had been received 
by him, and which should have been set forth in said state- 
ment, to wit : 

Jacob Schiff, $2,500. 

Abram I. Elkus, $500. 

William F. McCombs, $500. 

Henry Morgenthau, $1,000. 

Theodore W. Myers, $1,000. 

John Lynn, $500. 

Lyman A. Spaulding, $100. 

Edward F. O'Dwyer, $100. 

John W. Cox, $300. 

The Frank V. Strauss Co., $1,000. 

John T. Dooling, $1,000. 

That in making and filing such false statement as aforesaid, 
the said William Sulzer did not act as required by law, but 
did act in express violation of the statutes of the state and 
wrongfully, wilfully and corruptly; and thereafter, having 
taken the oath as governor, and proceeded to perform the 
duties thereof, the said false statement thus made and filed by 
him caused great reproach of the governor of the state of 
New York. 

Article IL 

That the said William Sulzer, governor of the state of New 
York, then being governor-elect of said state for the term 
beginning Jan. 1, 1913, he having been elected at the general 



Impeachment of Governor Sulzer 385 

election held in said state on the 5th day of November, 1912, 
was required by the statutes of the state then in force to file 
in the office of the secretary of state within 10 days after his 
said election, as aforesaid, an itemized statement, showing in 
detail all the moneys contributed or expended by him, directly 
or indirectly, by himself or through any other person, in aid 
of his election, giving the names of persons who received such 
moneys, the specific nature of each item and the purpose for 
which it was expended or contributed; and was further re- 
quired to attach to said statement an affidavit, subscribed and 
sworn to by him, such candidate, setting forth, in substance, 
that the statement thus made was in all respects true and that 
the same was a full and detailed statement of all moneys so 
contributed or expended by him, directly or indirectly, by 
himself or through any other person, in aid of his election. 

That being thus required to file such statement, and attach 
thereto such affidavit, on or about the 13th day of November, 
1912, the said William Sulzer, unmindful of his duty under such 
statutes, made and filed in the office of the secretary of state 
what purported to be a statement made in conformity with 
the provisions of the statute above set forth in which statement 
he stated and set forth as follows, to wit: 

That all the moneys received, contributed or expended by 
said Sulzer, directly or indirectly, by himself or through any 
other person, as the candidate for governor of the state of New 
York in connection with the general election held in the state 
of New York on the fifth day of November, 1912, were receipts 
from sixty-eight contributors, aggregating five thousand four 
hundred and sixty ($5,460) dollars, and ten items of expendi- 
ture aggregating seven thousand, seven hundred, twenty-four 
and 9-100 ($7,724.09) dollars, the detailed items of which 
were fully set forth in said statement, so filed as aforesaid. 

That attached to such statement thus made and filed by 
him as aforesaid, was an affidavit, subscribed and sworn to by 
said William Sulzer stating that said statement was in all 
respects true and that the same was a full and detailed state- 
ment of all moneys received or contributed or expended by 
him, directly or indirectly, by himself or through any other 
person in aid of his election. 

That said statement thus made and filed by said William 



386 Tammany's Treason 

Sulzer, as aforesaid, was false, and was intended by him to be 
false and an evasion and violation of the statutes of the state 
and the same was made and filed by him wilfully, knowingly 
and corruptly being false in the following particulars, to wit: 
It did not contain the amounts received by him and which 
should have been set forth in said statement, to wit: 

Jacob Schiff, $2,500. 

Abram I. Elkus, $500. 

William F. McCombs, $500. 

Henry Morgenthau, $1,000. 

Theodore W. Myers, $1,000. 

John Lynn, $500. 

Lyman A. Spaulding, $100. 

Edward F. O'Dwyer, $100. 

John W. Cox, $300. 

The Frank V. Strauss Company, $1,000. 

JohnT. Dooling, $1,000. 

That said affidavit thus subscribed and sworn to by said 
William Sulzer was false and was corruptly made by him. 

That in making and filing such false statement as aforesaid, 
the said William Sulzer did not act as required by law, but did 
act in express violation of the statutes of the state and wrong- 
fully, knowingly, wilfully and corruptly; and, in making said 
affidavit, as aforesaid, the said William Sulzer was guilty of 
wilful and corrupt perjury and of a violation of section 1620 
of the penal code of the state; and, thereafter, having taken 
the oath as governor, and proceeded to perform the duties 
thereof, the said false statement and affidavit thus made and 
filed by him, caused great scandal and reproach of the governor 
of the state of New York. 

Article IIL 

That the said William Sulzer, then being the governor of the 
state of New York, unmindful of the duties of his office and in 
violation of his oath of office, was guilty of mal and corrupt 
conduct in his office as such governor of the state, and was 
guilty of bribing witnesses and of a violation of section 2440 of 
the penal law of said state, in that, while a certain committee 
of the legislature of the state of New York named by a con- 



Impeachment of Governor Sulzer 387 

current resolution of said legislature, to investigate into, ascer- 
tain and report at an extraordinary session of the legislature 
then in session, upon all expenditures made by any candidate 
voted for at the last preceding election by the electors of the 
whole state, and upon all statements filed by and on behalf 
of any such candidates for moneys or things of value received 
or paid out in aid of his election, and their compliance with 
the present requirements of law relative thereto, while such 
committee was conducting such investigation and had full 
authority in the premises, he, the said William Sulzer, in the 
months of July and August, 1913, fraudulently induced one 
Louis A. Sarecky, one Frederick L. Colwell, and one Melville 
B. Fuller, each, to withhold true testimony from said committee, 
which testimony it was the duty of said several persons named 
to give to said committee when called before it, and which, 
under said inducements of said William Sulzer, they, and each 
of them, refused to do. 

That, in so inducing such witnesses to withhold such true 
testimony from said committee, the said William Sulzer acted 
wrongfully and wilfully and corruptly, and was guilty of a 
violation of the statutes of the state and of a felony, to the 
great scandal and reproach of the said governor of the state of 
New York. 

Article IV. 

That the said William Sulzer then being the governor of the 
state of New York, unmindful of the duties of his office, and 
in violation of his oath of office, was guilty of mal and corrupt 
conduct in his office as governor of the state, and was guilty of 
suppressing evidence and of a violation of section 814 of the 
penal law of said state, in that, while a certain committee of 
the legislature of the state of New York, named by a concurrent 
resolution of said legislature to investigate into, ascertain and 
report at an extraordinary session of the legislature then in 
session upon any expenditures made by any candidate voted for 
at the last preceding election by the electors of the whole state 
and upon all statements filed of such expenditures — while such 
committee was conducting its investigation and had full 
authority in the premises, he, then said William Sulzer prac- 
ticed deceit and fraud and used threats and menaces with 



388 Tammany's Treason 

intent to prevent said committee and the people of the state 
from procuring the attendance and testimony of certain wit- 
nesses, to wit: 

Louis A. Sarecky, Frederick L. Colwell and Melville B. 
Fuller, and all other persons with intent to prevent said per- 
sons named, and all other persons, severally, they or many 
of them having in their possession certain books, papers and 
other things which might or would be evidence in the pro- 
ceedings before said committee, and to prevent such persons 
named, and all other papers, they, severally, being cognizant 
of facts material to said investigation being had by said com- 
mittee from producing or disclosing the same, which said 
several witnesses named, and many others, failed and refused 
to do. 

That, in thus practicing deceit and fraud and using threats 
and menaces as and with the intent aforesaid, and upon the 
persons before named, the said William Sulzer acted wrong- 
fully and wilfully and corruptly, and was guilty of a misde- 
meanor, to the great scandal and reproach of the governor of 
the state of New York. 

Article V. 

That the said William Sulzer, then being the governor of 
the state of New York, unmindful of the duties of his office, and 
in violation of his oath of office, was guilty of mal and corrupt 
conduct in his office of such governor of the state, and was guilty 
of preventing and dissuading a witness from attending under 
a subpoena in violation of section 2441 of the penal law of said 
state, in that, while a certain committee of the legislature of 
the state of New York, named by concurrent resolution of said 
legislature to investigate into, ascertain and report to the 
extraordinary session of the legislature then in session upon 
all expenditures made by any candidate voted for at the last 
preceding election by the electors of the whole state, and 
upon all statements filed by and on behalf of any such candi- 
date, for moneys or things of value received or paid out in aid 
of his election, and their compliance with the present require- 
ments of law relative thereto — while such committee was 
conducting such investigation, and had full authority in the 



Impeachment of Governor Sulzer 389 

premises, he, the said William Sulzer, wilfully prevented and 
dissuaded a certain witness, to wit : 

Frederick L. Colwell, who had been duly summoned or sub- 
poenaed to attend as a witness before said committee herein- 
before named for the eighth day of August, 1913, from at- 
tending pursuant to said summons or subpoena. 

That in so preventing or dissuading said Frederick L. Col- 
well, who had thus been duly summoned or subpoenaed to 
appear before said committee on said day named, from at- 
tending before said committee pursuant to said summons or 
subpoena, the said William Sulzer acted wrongfully and wil- 
fully and corruptly and was guilty of a violation of the statutes 
of the state and of section 2441 of the penal law, and was 
guilty of a misdemeanor, to the great scandal and reproach of 
the governor of the state of New York. 

That the said William Sulzer, now governor of the state of 
New York, was duly and regularly nominated by the democratic 
party of said state as its candidate for governor at a regular 
convention of said party held in the city of Syracuse, on or 
about the first day of October, 1912, such nomination having 
been made on or about the second day of October, 1912, and 
he was, therefore, until the fifth day of November. 1912, when 
he was elected to such office of governor, such candidate of 
said party for said office. 

That being, and while such candidate for said office of 
governor, various persons contributed and delivered money and 
checks representing money to him, said William Sulzer, to 
aid his election to said office of governor, and in connection 
with such election; that said money and checks were thus 
contributed and delivered to said William Sulzer as bailee, 
agent or trustee, to be used in paying the expenses of said 
election and for no other purposes whatever; that the said 
William Sulzer with the intent to appropriate the said money 
and checks representing money thus contributed and delivered 
to him as aforesaid, to his own use, having the same in his 
possession, custody or control as bailee, agent or trustee as 
aforesaid, did not apply the same for the uses for which he had 
thus received the same and appropriated them to his own use 
and used the same, or a large part thereof, in speculating in 
stocks, through brokers operating on the New York stock 



390 Tammany's Treason 

exchange and thereby stole such money and checks and was 
guilty of larceny. 

That among such money and checks thus stolen by said 
William Sulzer was a check of Jacob H. Schiff for $2,500; a 
check of Abram I. Elkus for $500; a check of William F. Mc 
Combs for $500; a check of Henry Morgenthau for $1,000; a 
check of John Lynn for $500; a check of Theodore W. Myers 
for $1,000; a check of Lyman A. Spaulding for $100; a check 
of Edward F. O'Dwyer for $100; a check of John W. Cox for 
$300; a check of Frank V. Strauss company for $1,000; a 
check of John T. Dooling for $1,000; and cash aggregating 
$32,850. 

That in so converting and appropriating said money and 
checks to his own use the said William Sulzer did not act as 
required by law, but did act wrongfully and wilfully and cor- 
ruptly, and was guilty of a violation of sections 1290 and 1294 
of the penal law, and of grand larceny, and the same was done 
for the purpose of concealing, and said action and omission of 
said William Sulzer did conceal the names of persons who had 
contributed funds in aid of his election and defeated the pur- 
poses of the provisions of the statute which require such publi- 
cation that the people might know whether or not said governor, 
after he had taken office, was attempting to reward persons 
who had so contributed in aid of his election, by bestowing 
official patronage, or favors upon them, and thereafter having 
taken the oath as governor of the state of New York, and pro- 
ceeded to perform the duties thereof, the said appropriation 
to his own use, and his larceny of the same, caused great 
scandal and reproach of the governor of the state of New York. 

Article VI L 

That the said William Sulzer, then being the governor of 
the state of New York, unmindful of the duties of his office, 
and in violation of his oath of office, was guilty of mal and cor- 
rupt conduct in his office as such governor of the state, and 
was guilty of the corrupt use of his position, as such governor, 
and of the authority of said position, and of a violation of 
section 775 of the penal law of said state, in that while holding 
a public office, to wit: the office of governor, he promised and 
threatened to use such authority and influence of said office of 



Impeachment of Governor Sulzer 391 

governor for the purpose of aflfecting the vote or poHtical action 
of certain public officers; that among such pubHc officers to 
whom the said WilUam Sulzer promised, or threatened to use 
his authority and influence as governor, for the purpose of 
affecting their votes, said persons to whom such promises or 
threats were made, were: 

Hon. S. G. Prime, jr., a member of assembly for the county 
of Essex for the year, 1913, the promise being that if said 
Prime would vote for certain legislation in which said William 
Sulzer was interested and, as governor, was pressing to passage, 
he, said Sulzer, would sign a bill that had already passed the 
legislature and was pending before him, re-appropriating the 
sum of about $800,000 for the construction of roads in said 
county of Essex and counties adjoining thereto, the said gover- 
nor at the time of said promise well knowing that the said 
assemblyman, S. G. Prime, jr., was desirous of having said bill 
for said appropriation for roads signed by the governor. 

Hon. Thaddeus C. Sweet, a member of assembly for the 
county of Oswego for the year 1913, the threat being that if 
the said Sweet did not vote for certain legislation in which 
said William Sulzer was interested, and was pressing for passage, 
the said Sulzer would veto a bill that had already passed the 
legislature and was pending before him, appropriating moneys 
for the construction of a bridge in said county of Oswego, the 
said governor at the time of said threat well knowing that the 
said assemblyman, Thaddeus C. Sweet, was desirous of having 
said bill for said appropriation signed. 

That in so using the position and authority of the office of 
governor the said William Sulzer acted wrongfully and wilfully 
and corruptly and was guilty of a violation of the statutes of 
the state and of section 775 of the penal law, and of a felony, 
to the great scandal and reproach of the governor of the state 
of New York. 

Article VHI. 

That the said William Sulzer, then governor of the state of 
New York, unmindful of the duties of his office, and in vio- 
lation of his oath of office, was guilty of mal and corrupting 
conduct in his office as such governor of the state, and was 
guilty of the corrupt use of his position, as such governor and 
of the authority of said position and of a violation of section 



392 Tammany's Treason 

775 of the penal law of said state, in that, while holding a public 
office, to wit: The office of governor, he corruptly used his 
authority, or influence, as such governor, to affect the current 
prices of securities listed and selling on the New York stock 
exchange, in some of which securities he was at the time inter- 
ested and in which he was speculating, carrying, buying or 
selling, upon a margin or otherwise, by first urging, recommen- 
ding and pressing for passage legislation affecting the business 
of the New York stock exchange and the prices of securities 
dealt in on said exchange, which legislation he caused to be intro- 
duced in the legislature, and, then by withdrawing, or at- 
tempting to withdraw, from the consideration of the legislature 
such legislation which was then pending therein. All the time 
concealing his identity in said transactions by subterfuge. 
That in so using the position and authority of the office of 
governor, the said William Sulzer acted wrongfully and wilfully 
and corruptly and was guilty of a violation of the statutes of 
the state, and of section 775 of the penal law, and of a felony, 
to the great scandal and reproach of the governor of the state 
of New York. 

And the said assembly, saving to themselves by protesta- 
tion, the liberty of exhibiting any other articles of impeach- 
ment against the said William Sulzer, governor as aforesaid, 
and also of replying to the answers which he may make to the 
impeachment aforesaid, and of offering proof of the said 
matters of impeachment, do demand that the said William 
Sulzer, governor as aforesaid, be put to answer all and every 
of the said matters, and that such proceedings, trial and judg- 
ment may be thereunder had and given as are conformable 
to the constitution and laws of the state of New York; and the 
said assembly are ready to offer proof of the said matters at 
such time as the honorable court for the trial of impeachment 
may order and appoint. 

Albany, N. Y., August 12th, 1913. 

Aaron J. Levy Joseph V. Fitzgerald 

Patrick J. McMahon Tracy P. Madden 
Abraham Greenberg Thomas K. Smith 

William J. Gillen Herman F. Schnirel 

Theodore Hackett Ward 

Attest: Alfred E. Smith, Speaker 

George R. Van Namee, Clerk 



Impeachment of Governor Sulzer 393 



PRESENTMENT OF THE ROCKLAND COUNTY GRAND JURY ON 
THE HIGHWAY FRAUDS 

The grand jury of the county of Rockland, in session at a term 
of the New York Supreme Court, held in and for the county of 
Rockland on the I8th day of August, 1913, do present as follows: 

We have had under our consideration a large volume of 
evidence given before us upon a thorough investigation in 
relation to the construction and mantanance of certain state 
roads in the county of Rockland, under the jurisdiction of the 
highway department of the state of New York; and realizing 
that the great benefits which are intended to be conferred upon 
the people through the construction and maintenance of state 
roads can only be effected by an honest and efficient expenditure 
of the money voted and appropriated for that purpose, we deem 
it our duty to call attention to the serious wrongs imposed 
upon the people of this county by the maladministration here- 
tofore existing in the highway department of the state of New 
York. 

The evidence adduced convinces us that said highway 
department was in a state of absolute disorganization, and that 
no means such as would exist in a properly conducted business 
organization, or which even common prudence would dictate, 
were invoked, to the end that the money voted and appro- 
priated, for the construction and maintenance of state roads 
might be expended, so as to obtain the objects intended by 
the people in consenting to the expenditure of such money 
through said highway department. 

The officials under whom said highway department was 
conducted at Albany, and upon whose ability, efficiency and 
loyalty to the state the proper construction and maintenance 
of said roads in this county, and the proper expenditure of 
money for that purpose, in the main, legally depended, pro- 
ceeded largely upon the theory that said highway department 
was rather a quasi-political organization than a great business 
supported by the taxpayers and operated under governmental 
powers. 

The highway commission, charged with important duties 
under the law — duties, which if properly fulfilled, would tend 



394 Tammany's Treason 

in a large measure to protect the interests of the people — met 
infrequently considering the volume of business to be trans- 
acted and when they did meet, the transaction of their busi- 
ness was done in such a manner as to compel the inference that 
said commission was striving rather to exhibit a formal com- 
pliance with the law than to substantially effectuate the pur- 
poses for which sa d commission was created. 

The higher the official in said department of highways the 
less he actually knew as to whether the money paid for the 
construction and maintenance of state roads was being ex- 
pended in accordance with the contracts. One of the lowest 
grade of employees in said highway department was the fore- 
man of laborers, and yet under the pernicious conditions exist- 
ing, the foreman of laborers was the only employee or official 
upon whom, according to the evidence before us, the responsi- 
bility rested of protecting the people in causing the money 
voted and appropriated for that purpose to be properly ex- 
pended for the maintenance of state roads in this county. It 
is patent that such a condition could not exist unless the high 
officials of said highway department at Albany were either 
incompetent or entertained perverted opinions as to the fidelity 
demanded by the state from its public officers. 

Said highway department was more proficient in the dispensa- 
tion of favors in the form of contracts to contractors having 
political influence, than it was in requiring integrity in the 
execution of such contracts. Incompetency prevailed therein where 
ability was most necessary. 

A typical illustration of the inefficient and improper manner 
in which said highway department was operated is as follows: 
Contracts were formally entered into between contractors and 
the state of New York for the performance of work upon 
state roads and the payment of large sums of money therefor, 
which were termed supplemental contracts, meaning contracts 
entered into after the original contract had been made. These 
supplemental contracts in many instances were made, entered 
into and signed on or about the day that the payment under 
the same was made, and long after the time when the work 
performed, or as is the fact more often pretended to be per- 
formed, by the contractors, had passed. 



Impeachment of Governor Sulzer 395 

As a result of the above obnoxious conditions in said highway 
department, cheats and frauds existed to an extent that if a re- 
organization of the same did not take place, and an honest and 
effective sy stern for the protection of the expenditure of the people's 
money inaugurated, the policy of the state of New York to con- 
struct and maintain state roads would be thwarted from its com- 
mendable purposes and prostituted to subserve venal ends. 

Edward D. Keesler — Foreman 
Thomas Gagan — District attorney 
James H. Morrissey — Clerk 



State of New York 
Rockland County Clerk's office. 

I, Cyrus M. Crum, clerk of said county, hereby certify that 
I have compared the foregoing copy presentment with the 
original now on file in said office, and find same to be a true 
and correct transcript therefrom and of the whole of such 
original. 

In testimony whereof, I have hereunto subscribed my name 
and affixed the seal of said county this 18th day of August, 
1913. 
[seal] Cyrus M. Crum — Clerk 



396 Tammany's Treason 



COLONEL ROOSEVELT'S FRANK ENDORSEMENT OF 
GOVERNOR SULZER 



THE OUTLOOK 
No. 287 Fourth Ave., New York 

OFFICE OF THEODORE ROOSEVELT 

September 2, 1913 

MY DEAR GOVERNOR SULZER.— On my return from Arizona 
I have received your two letters. I thank you for them. I believe I 
thoroughly understand the assault that is now being made upon you. 
I have yet to meet a single person who believes, or even pretends to 
believe, that a single honest motive has animated the proceedings of 
your antagonists. From Mr. Murphy himself to the legislators who 
obeyed his directions, there is no possible question that all of your 
assailants are the enemies of tlie public, and that their aim is to ac- 
quire the evil domination of the state government, and that the con- 
spiracy against you has not one saving impulse behind it that can 
in the remotest degree be ascribed to patriotism or civic spirit or 
anything save the basest impulse of crooked politics. We have never 
seen a more startling example of the power of the invisible govern- 
ment under the present system. The extraordinary thing is that 
the "conservative" upholders of this present system should have 
witnessed the decrees of the invisible government carried out within 
twenty-four hours, and nevertheless denounce as revolutionary our 
proposal for changes in the form of government whereby the delib- 
erate judgment of the majority of the voters may be executed within 
a space of time no shorter than that required for the execution of 
their deliberate judgment in the choice of a president of the United 
States. 

Let me add one thing, my dear Governor. You owe it to yourself 
and to all those who have supported you to take the earliest oppor- 
tunity to answer the charges made against you. That the purposes 
of those bringing the charges are wholly evil, I am sure that all honest 
men feel. Moreover, I am sure that honest men feel that the assault 
made upon you by your foes is due to your having stood up for the 
principles of good government and decent citizenship even when it 
was necessary to defy the will of the bosses of the two parties, and 
especially of your own, and to stand in the way of the success of the 
corrupt schemes of the party machines' managers. But there is 
also among honest men a desire for a full and straightforward ex- 
planation and answer in reference to the charges made against you, 
and I very earnestly hope that as soon as possible the explanation 
and answer will be made. 

With all good wishes and regards to Mrs. Sulzer, 

Sincerely yours, 
(Signed) THEODORE ROOSEVELT 
Hon. William Sulzer 



Impeachment of Governor Sulzer 397 



Leading Editorial in the New York American, Tuesday, July 29, 1913 
THE PEOPLE'S HOUSE OR FOURTEENTH STREET 

The fight between Murphy and the Governor of New York 
— savage and relentless — presents a crisis as serious and men- 
acing as the Empire State has known within the quarter 
century. 

Suppose that Murphy and Tammany Hall should prevail 
to destroy the Governor of New York for the simple reason 
that the Democratic Chief Executive had sincerely and fear- 
lessly advocated the right of the people of New York to vote 
individually in direct primaries. 

What would be the effect of such an unholy triumph? 

It would minify and depreciate the power and authority of 
the Governor of New York now and hereafter. 

It would magnify and glorify the power and prestige of 
Tammany and Tammany's Boss now and hereafter. 

It would degrade the State. It would dignify the Boss and 
the Machine. 

It would make it easier for every subsequent boss to win. 

It would make it easier for every subsequent democratic governor 
to lose. 

Since the days of Samuel J. Tilden no democratic governor 
has ever fought the Tammany machine as the present governor 
has fought it. No man has ever fought Tammany in so vital 
a cause of good government, or burned his bridges so fearlessly 
behind him in the fight. 

If the Tammany boss and the Tammany machine should mass 
its forces of criticism and abuse and virulent slander, and break 
the governor's influence and destroy his repute just when it is 
being used for the public good, then two things are evident. 

No other governor is likely to dare the wrath of so deadly 
and destroying a political organization in the future affairs of 
the state. 

And the baneful influence and power of Tammany and Mur- 
phy to-day will be doubled and quadrupled for the future. 

It does not matter what the average citizen may think of 
the governor of New York. It does not matter what the 
governor of New York may or may not have been in years past. 



398 Tammany's Treason 

It is a fact that just now he is fighting as just and righteous 
a vital battle for the people as any governor has fought before 
him. It is a fact that Tammany and Murphy, with all the 
long evil record of graft and bossism behind them, is making 
the effort of their lives to destroy the governor of New York, 
personally and officially, because he is fighting the people's 
fight against the Tammany machine. 

And it does seem evident that every good citizen — or every 
decent citizen — should in this fight, at least, stand whole- 
hearted and wholehanded behind the governor and the people 
against the boss and the machine. 



Editorial in the North American, Philadelphia, Wednesday, August 20, 1913 

GOVERNOR SULZER'S HEROIC STRUGGLE— THE REAL ISSUE 

IN NEW YORK 

To citizens who had not followed closely recent events in New 
York the impeachment of Governor Sulzer doubtless seemed an 
isolated event, the sudden infliction of a spectacular revenge. 

But it was, in fact, merely a necessary step toward the culmi- 
nation of a great conspiracy, the object of which was to murder 
popular government and seize control of the state's affairs for 
corrupt Tammany. 

This atrocious plot, engineered by boss Murphy in behalf 
of his criminal organization and his special-privilege backers, 
has been marked throughout by familiar methods and common- 
place villainy. But it is unique in one respect — that there is, 
it is safe to say, not one person in the whole country who 
believes or pretends that a single honest motive animated the 
procedure. 

Nor could there be found, we think, a reputable citizen who 
would seriously contend that there was a single participant in 
the audacious scheme who was moved by patriotism or civic 
spirit or anything save the basest impulses of crooked politics. 

From Murphy himself, notorious as the leader of the world's 
greatest criminal organization, down to Lieutenant Governor 
Glynn, the officers of the house and senate and others of his 
underlings, there is not one who exhibits a redeeming sense of 
unselfishness or desire to promote the public welfare. And 
this includes Justice Victor Dowling, now Murphy's candidate 



Impeachment of Governor Sulzer 399 

for mayor of New York, who attended the boss' secret conference 
at Delmonico's last May, when the elaborate conspiracy to 
destroy Governor Sulzer was launched. 

That this condition is unique a glance at history will show. 
There have been political crimes in all ages and all countries, 
but we recall none which was so desperate or so disreputable 
that the perpetrators could not enter the plea that at least 
their aim was the common good. 

When Brutus thrust his assassin's knife into Ceasar he struck, 
he said, because he loved Rome. The blood-crazed mobs of 
the French revolution, jeering their victims to the reeking 
guillotine, were inspired with a passion for liberty. Benedict 
Arnold, we doubt not, believed that what his countrymen 
called treason was the truest loyalty, which would perpetrate 
the blessings of monarchy and avert the disasters of republican- 
ism. 

The ballot-box stuffer will argue that his irregularities are 
intended simply to aid the party of peace and prosperity and 
save the people from their irrational impulses for change. 
Even Senator Penrose, we are sure, felt no pangs of remorse 
over taking the oil trust's $25,000, since it was to be used in 
promoting Republican rule, which notoriously is synonymous 
with national honor and progress. 

But in this Tammany conspiracy every motive is transparently 
evil. No one has the temerity to assert that there is any honest 
or patriotic purpose back of it. Even those who cheer on the 
pursuit of Governor Sulzer admit that his assailants are public 
enemies and that their aim is to acquire corrupt domination 
of the state government. 

Thus the New York World, which is giving the most effective 
aid to Murphy's campaign, applauds the impeachment of the 
Governor as just, lawful and necessary, and at the same time 
gives this characterization of the gang that committed the 
assault : 

The World agrees with Colonel Watterson, that 'not one 
of the rogues who voted 'impeachment' cares a jill of beans 
about the 'crimes' and 'misdemeanors' of William Sulzer.' 

" Murphy ordered the impeachment as he would order a 
beefsteak at Delmonico's, and a servile assembly voted the 



400 Tammany's Treason 

impeachment with more obsequiousness than a self-respecting 
French waiter would show to a grand duke. 

'The impeachment in itself was the most startling reve- 
lation of the degradation of government that New York has 
ever known. A sordid, corrupt boss at one end of a telephone 
wire tells the assembly to impeach the governor of the state, 
and the assembly responds like a trained dog. The assembly 
obeyed Murphy with the same airy indifference with which 
the gunmen obeyed Becker when they were told to 'get' 
Rosenthal. 

This is mild language compared to that habitually used 
concerning Murphy and Tammany by the New York American, 
That paper had been one of Governor Sulzer's strongest sup- 
porters, but in the present controversy it has been strangely 
indifferent. One explanation for this change may be that Mr. 
Hearst wanted the Governor to remove Mayor Gaynor; so 
that he is not in a very good position to denounce another 
attempt to oust an official elected by the people. 

But we shall not argue further that Tammany and its purposes 
are vicious. Every well-informed citizen must know what no 
one has the hardihood to deny. The question which the 
thoughtful American will ask himself is this: How can it be 
possible for a gang of political freebooters to seize the govern- 
ment of a great state in full view of the people, although their 
intent is palpably criminal? 

The explanation, dear reader, is simple. Tammany is 
putting through its conspiracy by the strict application of the 
glorious principles of "constitutional government." Mr. 
Murphy is demonstrating how admirable are the "orderly 
processes of the fundamental law," as opposed to such hare- 
brained inventions as the recall, with its dependence upon the 
" gusty passions of the mob." 

Under the Constitution of the State of New York, one more 
than half of the membership of the assembly can, upon any pre- 
text, impeach the governor. It should be remarked here that 
the act of impeachment is not conviction, nor even a trial. It 
is simply a formal accusation, analogous to an indictment. 
But it operates, according to the interpretation of the Tammany 
leaders, to remove the governor elected by the people and 
substitute one more satisfactory to Boss Murphy. 



Impeachment of Governor Sulzer 401 

The assembly majority, then, which for years has been con- 
trolled absolutely either by the Republican or the Democratic 
boss, or by the two in concert, can impeach or indict the 
governor, and thereby — although weeks or months may elapse 
before the charges are tried — can paralyze the official power of 
the chief executive and replace him with a serviceable instru- 
ment of a corrupt machine. 

This is exactly the conservative and highly constitutional 
course followed by Murphy. First he named a legislative 
committee to draw up and investigate the charges he supplied. 
The evidence gathered by Tammany spies and heelers was 
heard, and impeachment was duly recommended. The as- 
sembly majority — some members forced into action only by 
severe pressure — carried out its part of the orders. And 
thereupon, still with profound regard to the Constitution, the 
Murphy forces seized the governorship. The procedure is justly 
characterized by the legislative reference bureau of the national 
Progressive party: 

A small band of political enemies of the governor were able, 
by use of their political power, to gather evidence, to present 
it to their own judgment, and, without any opportunity for 
either presentation of the other side or the establishment of an 
impartial tribunal, to condemn their enemy as guilty of the 
crimes which they themselves had alleged against him, and, 
according to their claim, to remove him from office. 

It is not strange that the "conservative" upholders of 
"invisible government," which can execute its fiat within 
twenty-four hours, decry any change in the forms of govern- 
ment whereby the " hasty judgment" of a majority of the 
voters might be executed within the brief period of two or 
three months. 

But there should be a clear understanding of Tammany's 
corrupt motives, as well as oi its despicable methods. Putting 
aside entirely the question of Governor Sulzer's guilt or inno- 
cence of the charges brought by a servile assembly, the citizen 
should examine the purposes back of the conspiracy. 

It is obvious, first, that Tammany Hall, the most notorious 
of the agencies of special privilege, would not have nominated 
this man unless in the belief that it could control him. There- 



402 Tammany's Treason 

fore, Murphy felt assured that Sulzer was an infinitely worse 
man than he would be if every charge in the articles of im- 
peachment were proved to the hilt, for, compared with the 
treason he was expected to commit or allow, the acts of which 
he is accused are venial faults. 

But there is not even a pretense that the impeachment was 
brought because of the Governor's alleged campaign fund 
irregularities. Those merely provided the weapons of assassi- 
nation. 

The purpose, of which there is no concealment, was threefold. 
First, to wrest from an unexpectedly honest executive state 
departments controlling vast patronage, the award of huge 
contracts and the auditing of expenditures; second, to prevent 
his forcing the passage of an effective primary law, the enact- 
ment of which would be the death warrant of Tammany and 
its ally, special privilege, and, third, to inflict such punishment 
upon the governor as would deter future public officials elected 
by the machine from daring to exhibit like proclivities toward 
decency and independence. 

The real controversy, therefore, is not as to whether Governor 
Sulzer's campaign accounts were regular. It is as to whether 
corrupt bossism and special privilege shall by ''constitutional " 
methods strangle popular government in New York State and 
perpetuate a system of misrule and public plundering. 

E. A. Van Valkenburg — Editor 



Editorial from the North American, Philadelphia, Monday, August 18, 1913 
THE paradox of SULZER— THE TRIUMPH OF DUTY 

Boss Murphy's jeering prophecy, that under the very first 
assault from Tammany Governor Sulzer would crumple like 
a piece of wet paper has been proved false. Even the supreme 
exhibition of the criminal machine's malign power — the forcing 
of the legislature to commit high treason against the Empire 
State — has not broken him down. 

We wish it were possible to picture Governor Sulzer as a 
knight of stainless virtue defying the hosts of evil, a militant 
crusader wielding the sword of righteousness against the pow- 
ers of darkness. 



Impeachment of Governor Sulzer 403 

But to pretend that he appears in such a guise would be 
folly. In disposition, character and capacity he is almost the 
antithesis of the figure of knight errantry. Some traces of 
Don Quixote's spirit constitute his nearest approach to the 
ideals of chivalry. 

He is neither a warrior nor a builder. He is a dreamer. 
He dreams of such herculean tasks as the liberation of op- 
pressed peoples from tyranny. As a youth he was arrested as 
a plotter against Spanish misrule in Cuba, and was condemned 
to be shot. He made his first campaign for congress on the 
single pledge that he would " free Cuba." It is his chief 
pride that he introduced the first resolution looking to that 
end, and his happiest memory is of a banquet given by the 
government of liberated Cuba in his honor. To this day he 
corresponds regularly with foreign republicans, even in China. 

It may well be believed, then, that as he used to face those 
throngs of poor folk on New York's East Side, who sent him 
to congress for nine successive terms, he was stirred to the 
depths of his emotional nature. His humane instincts would 
for the time being make their wrongs his own. 

But he lacked the understanding to perceive that those 
wrongs were in large measure due to illicit partnership be- 
tween special privilege and Tammany, to which organization 
he gave allegiance. 

In all his makeup there is no spark of militancy. He 
would bring about the brotherhood of man by means which 
would not remotely approach the kind of fighting required in 
the present crisis. 

His appearance and mannerisms are far from those of a 
resolute champion of desperate causes. Angular, ungainly, not 
lacking at times a touch of the grotesque, he seems to take 
seriously the suggestions of flattering friends that he has the 
personality of a Lincoln or a Clay, and perhaps seeks to en- 
hance the idea by affectations of dress and theatrical emphasis 
of voice and gesture. 

Yet this man, one most palpably not of heroic mold, who 
possesses none of the great qualities needed for this emergency, 
is the first Democrat of New York state who has been able 
to withstand and morally triumph over the combined forces 
of corrupt bossism and special privilege. 



404 Tammany's Treason 

We tried to explain the other day this splendid paradox. 
His public and private acts traduced, his errors relentlessly 
exposed, brought even to the bar of a hostile court of im- 
peachment, he stands immovable. It is because the issue has 
been clearly revealed to him, once for all. He has seen that 
for the time being he alone stands between his state and its 
looters; that to yield or compromise would be the ultimate 
dishonor. Stolidly, without whimpering and without fury, he 
plants his feet upon that fact, and there remains. 

No doubt there is some truth in the savage sneer of Col- 
lier's Weekly that he is " vain, a ranter and poseur." Yet 
what man in official life, though ever so devoted and sincere, 
has displayed such courage in the face of merciless odds? 

The less venomous of his critics say that he took his stand 
because it seemed he might win political capital by so doing. 
But to maintain this theory, they must ignore the facts. For 
six months he was subject to the secret urgings, cajolements 
and concealed threats of professed friends, who advised him 
to yield just enough to secure his own safety; and he refused. 

The brutal assaults he endured were never unexpected. He 
had the chance to prevent by compromise the publication of 
charges that he had been accused of perjury, the bringing of 
the breach of promise suit, the pressing of the impeachment. 
Yet the enemy found the weakling strong, the poseur a man 
of iron. 

But the supreme test was still to come, in a situation more 
trying than many public men have had to face. 

Among the charges against him was that, with other Wall 
street activities, he operated a gambling account aggregating 
$50,000. As a fact, this was in no sense a stock account. He 
owned an equity in certain shares, and for years had used it 
as security for bank loans. A broker friend offered to take it 
over and let him draw against it. Not a share of stock was 
bought or sold. The procedure was legitimate and necessary, 
many business men follow it, because the stock gamblers have 
the first call upon money. 

The next charge was that his campaign funds were larger 
than appeared in his sworn return. No one knows all the 
facts; but it is true that the governor handled no campaign 
moneys, and that he signed the statement drawn up by trusted 
friends. 



Impeachment of Governor Sulzer 405 

The really serious charge was that some funds were not 
applied to the campaign at all, but were used in a private 
account to purchase stocks. When this accusation was first 
made by the chairman of the Murphy committee, Governor 
Sulzer denounced it as false, stating specifically that he was 
never a party to such a transaction and had used no cam- 
paign checks privately. 

When later, he learned the basis of the charge, he con- 
fronted the most searching problem of his career. The acts 
leading to the only serious charge against him had been those 
of his wife. Yet, although the result was so perilous for him, 
he uttered not a word of censure. He never doubted the 
purity of her motives — that she had believed she was acting 
in the best possible way honestly to promote his interests. 

His enemies believed, of course, that he would make any 
sacrifice to protect his wife. So the tempters in the guise of 
friends began to urge him again toward compromise. Surely 
he was justified, they argued, in adopting any course to save 
her from publicity. 

But they did not know their man. His feet were on the 
rock of decision. Not to save himself — not to save even the 
woman who was his dearer self — would he yield to forces when 
his yielding meant the unrestricted plundering of the state. 
And during all the weeks of pressure, when he knew that a 
statement of the facts would in all likelihood avert the final 
attack, he kept silence. 

Not until the legislature was actually assembling to bring the 
impeachment did he reveal the truth, even to his closest 
advisers, and then only with the stipulation that it should not 
be used publicly. 

In every turn and twist of the fight the governor and his wife 
were together, and her word was always to fight. They were 
in perfect accord, except upon one point she insisted that she 
should tell her story and clear his name; he resolutely insisted 
she should not. 

But her sense of justice and loyalty was so strong that when 
the legislature 'met she sent for a member of the senate, and, 
against the prohibition of her husband and his advisers, re- 
vealed the facts. Her determination buoyed her up to deliver 
the fateful message; then she collapsed, and now is critically ill. 

There have been few more dramatic episodes in our public 



406 Tammany's Treason 

life. But it will only be as the people come to be better in- 
formed as to the facts that they will realize how heavy has been 
the pressure that Governor Sulzer has withstood. 

He is fully aware of some of his weaknesses, and discusses 
them frankly. He admits that he has not the slightest business 
ability or financial foresight. He has always been in debt. 
Whenever he had a little money, it went from him rapidly. 
In a district where Tammany leaders have grown rich upon 
tribute wrung from the unfortunate, he has remained poor, and 
what funds he had were always at the service of importunate 
constituents. 

Mrs. Sulzer took complete charge of his financial affairs, and 
tried earnestly to put them on a self-sustaining basis. But 
during the campaign the inevitable appeals to which a candidate 
is subjected proved stronger than her vigilance. Certain 
campaign contributions, therefore — by the advice, it is said, of 
friends and even of some of those who sent the money — she 
used to make good the drain on her husband's private re- 
sources. 

No man, we think, would have it in his heart to censure a 
woman who had acted from the motives she did, under all the 
circumstances. But to the husband, who learned at a late day 
how she had been drawn into these acts by attempting to shield 
his deficiencies, the proof of her devotion must have made her 
doubly dear. And it was she whom, by standing firmly against 
the enemies of the state, he was to deliver to suffering and 
humiliation. 

This man, we have seen, was seemingly quite unfitted to cope 
with the overwhelming forces against him. Yet he overcame 
something stronger than Tammany ; he resisted a pressure more 
severe than the fear of losing office and the injury to his public 
and private reputation. He put aside the opportunity to 
protect his wife, who had imperiled herself in his behalf, because 
the price asked was official treason. His enemies might do 
their worst. He would not yield. 

There are many opinions — most of them, we fear, unflattering 
— of William Sulzer' s wisdom, capacity and sincerity. But we 
think that our public records can be searched for a long time 
without finding a demonstration of steadfastness, in the teeth 
of certain destruction, more convincing than that which he 
has given. E. A. Van Valkenburg — Editor 



Impeachment of Governor Sulzer 407 

[From the New York Tribune.] 

MURPHY'S POLITICAL UNDERWORLD AND ITS ROSENTHAL 

The state is witnessing the most monstrous perversion of 
its government in its history. 

There is a deadlock between the government elected by the 
people and the invisible government, self-chosen, of the Tam- 
many boss. Even offices that are necessary for the safety of 
the workers are kept vacant in order that the boss may not lose 
his hold upon the throat of the state. 

The purpose in declining to approve the governor's ap- 
pointees to the labor commissionership is unconcealed. No 
bolder or more shameless exh bition of bossism has ever been 
seen. The senate had nothing against either Mr. Mitchell or 
Mr. Lynch. On the contrary, there were potent reasons why 
they should be confirmed. It was Murphy that held them up. 
His invisible government has come out into the open to fight 
desperately for its existence. 

Hundreds of working people may die any day, as threescore 
or more died in Binghamton, because of the demoralization in 
the Department of Labor which the boss keeps up in order to 
maintain his hold upon jobs and contracts for the Tammany 
machine. 

It v/as simple justice which led a business man in Ossining 
to lay the recent mutiny in Sing Sing to Murphyism. The 
underworld in jail knows what is going on outside. Its revolt 
was an echo of the fight which Murphy's political underworld 
is conducting against Sulzer. It was a sympathy strike. The 
crooks out of jail are in arms against Sulzer. The crooks in 
jail arose against Sulzer's man, the new warden. 

The whole underworld, the political underworld, of which 
Murphy is the head, and the other underworld, which touches 
elbows with it in the darkness, is stirred to the depths as a 
small segment of it was stirred one year ago when the gambler 
Rosenthal was headed toward the district attorney's office. 
The underworld of graft and mean politics looks upon the gov- 
ernor as the underworld of gambling looked upon the informer 
whom it slew — as a traitor, a "squealer/' a man to be taught a 
lesson if the underworld is to survive,. 



408 Tammany's Treason 

It is possible to smile at Governor Sulzer's story that his 
life is in danger. The governor is a "movie" melodramatist. 
But that the underworld of graft and Tammany politics will 
go so far as character assassination and political blackmail 
recent events have shown. It will go so far as to imperil the 
lives of thousands of workers; it will go so far as to bring the 
state face to face with the danger of jail delivery in its reckless 
determination to keep its clutches on its dishonest spoils and 
to "get" the "squealer" whom it hates. 

The underworld of graft has tied up the processes of govern- 
ment. Its present challenge to the people of the state is like 
the challenge to the people of the city when Rosenthal fell on 
Broadway. How long will the public tolerate this monstrous 
perversion of its institutions? Whose government is this? 
The people's or Murphy's and the political underworld's? 



HENRY WATTERSON 
In the Louisville Courier Journal 

•'COLLAPSE OF SELF GOVERNMENT VERITABLE VICTORY FOR 

CRIME " 

That the people of New York are incapable of self-govern- 
ment — especially the people of the city which dominates the 
state of New York-has long been the belief of observant and 
thoughtful onlookers. 

Life is safer among the feudists of the mountains of Ken- 
tucky than it is in the Borough of Manhattan. Living is less 
fuddled in the Bluegrass than the Bronx. Even the scrub 
politicians who sometimes work into places of emolument and 
honor here are a trifle cleaner and less ravenous than the 
wolves who there prowl at all hours of the day and night 
between the purlieus of the great white way and the legislative 
red light in the Capitol at Albany. 

Judge Herrick talks loftily of "preserving the dignity of 
the commonwealth." Alack, the day! It has no dignity to 
preserve. Its dignity was thrown to the dogs years agone. 
Not one of the rogues who voted "impeachment" cares a hill 
o' beans about the "crimes" and "misdemeanors" of Sulzer. 



Impeachment of Governor Sulzer 409 

The court which tries him will be a mock court, a majority 
foresworn. Justice, patriotism, truth have fled to brutish 
beasts, leaving graft and grafters to fight over the loot and to 
flourish one another in corrupt succession, the people looking on 
impotent and dazed. 

The opportunities for stealing are so ever-present and easy — 
the rewards of theft so enormous — the likelihood of punish- 
ment is so slight! 

The public debt of the city of New York rivals the national 
debt. We read of the Walpole regime in England with a kind of 
wonder. It was not a flea bite by comparison with the system 
of pillage which holds New York in a grip from which there 
seems no escape. Go where one may he encounters its agents 
and stumbles over its engineries. Scratch a politician, what- 
ever label he wears, and you find a scamp. Things are every 
whit as bad as they were under Tweed. They were amateurs 
in those days. A part of their plan was to enjoy life. Wine, 
women and song had seats at their tables. Now they are 
professionals. Addition, division and silence are ranged about 
the board where Fisk said "the woodbine twineth." No 
nonsense; just the firm hand, the cold stare, and, where need 
be the legend, "dead men tell no tales." 

Poor William Sulzer! What siren voice of vanity, what 
optimistic simplicity could have lured him to battle on the 
off side of a stream having no bridges, his line of retreat leading 
through the enemy's country right into the deadly ambus- 
cades and yawning rifle pits of Wall Street? One can well 
believe he did not wrongfully use a dollar; that the case against 
him is a "frame-up;" even that, like the dog in the fable, he 
was merely caught in bad company. Did he not know that 
Wall street is a house of prostitution? What was he doing 
there? Why did he go there? And, knowing the Indians 
were on the trail — that proof requiring explanation existed — 
had he had a spoonful of common sense it would have warned 
him betimes. 

A kind of innocent rusticity and childlike egotism plead for 
him. But they will plead in vain. Just as they white- 
washed Stilwell and Cohalan will they impeach him. Judge 
Herrick is a great and noble man; the very synonym of an 
old-fashioned jurist and a conscientious Tilden democrat; 



410 Tammany's Treason 

but all his learning, his character and his genius would not 
suffice to save William Sulzer if he were as guiltless as a lamb, 
whereas the ancient role of guilt presumed by appearance and 
propinquity puts him at a fatal disadvantage. 

It is a veritable victory for crime. The private peccadillo 
of a weak and erring man who was trying to do right is made 
the fulcrum from which a gang of grafters are enabled to 
remove an obstruction to their orgy of pillage. It is here that 
proof of the incapacity of the people of New York for self- 
government comes in. They are so at sea — so mis-advised by 
conflicting counsels — that they tumble about and over them- 
selves like so much wreckage. They are perpetually off the 
banks and in a fog. They lack the wit to make their way to 
shore and to find some common ground. Their newspapers 
tell them nothing. They merely increase the thickness of the 
weather. 

Take for an example the opening chorus of the mayoralty 
performance in the city of New York. The one visible enemy 
of good government is Tammany. It can only be overcome 
by a fusion of all parties. A movement to that end was set on 
foot. A nominating committee was organized. The names 
of three good citizens went before it. Each was in honor 
bound to abide the result, and each did honorably abide the 
result. Yet there were newspapers claiming to be for fusion 
and affecting to support this plan of procedure which, after 
the event, not only drew out, but urged the two aspirants who 
had contended unsuccessfully to draw out. 

To be sure these newspapers then and there proclaimed 
their own infamy. Yet they continue to appear with regularity 
and effrontery that goes far to substantiate the doctrine of 
total depravity and establishes the fact that the people of 
New York are incapable of self-government. It is a collapse 
of self-government. Shall it be forever and aye? 



Impeachment of Governor Sulzer 



411 



RILL SIKES MURPHY— "DON'T I OWN YER?" 




From the Albany Knickerbocker Preys 



412 Tammany's Treason 



HONESTY FIRST MARK OF WILLIAM SULZER 



Governor Would Have Made Fortune in Congress 
IF Stooping to Graft 



Editorial in Albany Knickerbocker Press, August 12, 
by Frank W. Clark, Managing Editor 

Governor William Sulzer is a child of nature. He has the 
enthusiasm of a boy. His heart is great and open. He has 
trusted mankind because he has faith in and sympathy for 
humanity. An egotist, like many other public men, he has 
been susceptible to flattery. His personal vanity has made it 
easy for unscrupulous persons to win his confidence wholly and 
implicitly, to play upon his heart strings, to lure him to unwise 
frankness and open confession of his private affairs. It is 
such men as these that have led Sulzer into traps. The Judas 
Iscariots of Tammany have won his confidence and have then 
betrayed him to their politically vile master. There are no 
instances of baser treachery in the history of politics in the 
nation than the treasons of men whom William Sulzer so 
thoroughly trusted that he would have shed his lifeblood for 
them. This shameful phase of the tremendous conspiracy 
which is being laid to grab the government of the greatest 
state in the union for the benefit and enrichment of the most 
corruDt political organization of modern history will all be 
laid before the people of New York before William Sulzer 
finishes his fight for right and for justice. Governor Sulzer 
has proofs that from the moment that Charles F. Murphy 
at the Syracuse state convention consented to his nomination 
for governor Mr. Murphy's personal spies have dogged his 
heels. They have searched his life history. They have in- 
vented base lies about his past life. They have stolen from 
his household and from his office in the executive chamber 
private papers and valuable records. Nor have they stopped 
there. Personal belongings of Mrs. William Sulzer — a noble 
woman whose sufferings in these times can be imagined — 
including jewelry which she prized most highly for its asso- 



Impeachment of Governor Sulzer 413 

ciations, have been ruthlessly taken away or destroyed. Had 
William Sulzer been a less trusting man he would have dis- 
covered before he took the oath of office as governor that the 
intention of Tammany Hall was to use him as its pawn, or 
failing to make of him a ready tool, to destroy him. Governor 
Sulzer, in spite of his human failings, and with full knowledge 
that he was personally vulnerable in some respects, made up 
his mind some weeks ago to sacrifice himself for the people 
of the state of New York. He has said, and he meant it, and 
he repeats it now, that he does not care what shall become of 
William Sulzer personally. He has offered himself as a sac- 
rifice upon the altar of good government as an instrument of 
the people in the war of the honest portion of New York state's 
electorate against official and unofficial graft and corruption. 
There is not a dishonest hair in the head of William Sulzer, 
if we judge him aright. Had William Sulzer been a dishonest 
man his many years in congress would have seen him a mil- 
lionaire. Had he been a dishonest man the luxuries which 
Charles F. Murphy enjoys at Good Ground would not have 
been denied to William Sulzer. William Sulzer has always 
been pressed hard financially. He has devoted himself much 
to ideals and to the sometimes vain pursuits of the gewgaws 
of ambition and little to practical business affairs. Through 
carelessness and lack of system of bookkeeping, but not through 
dishonesty, the financial affairs of William Sulzer have in the 
past become entangled. But let the people of the state of New 
York know now that he is an honest man at heart. In the 
hysteria of the present clamor for his crucifixion let it be under- 
stood by the people of the state that if they permit his polit- 
ical destruction at this time, if by breach of law Tammany is 
permitted to remove him from office, there will be created in 
American history a real martyr for whom future generations 
will erect lasting monuments. It is perhaps a good thing for 
the state of New York that the venomous Tammany is carry- 
ing its fight so far and with such high handed unreason, for 
whatever may be the result of the present battle in the end 
only good can come. It is too late for a truce. In the first 
speech which Mr. Justice Charles E. Hughes has delivered in 
New York state since he left the governor's chair, the speech 
at Warrensburgh last Friday, Justice Hughes solemnly con- 



414 Tammany's Treason 

fessed that present conditions in politics depress him. He 
declared that he found optimism difficult in these times, and 
that he had to read the history of the United States to regain 
his customary hopefulness for the future of the republic. There 
can be no doubt that Justice Hughes had in mind the present 
fight of William Sulzer. But Justice Hughes has read his 
history so well that he knows that in the end right triumphs 
over brutal might in the hands of political grafters and cor- 
ruptionists. If William Sulzer had been less stubborn and 
obstinate when he assumed the governorship of the state, if 
he had called about him more trustworthy advisors, men of 
greater breadth of knowledge and vision, men of cleaner per- 
sonal character, and if he had about him such men of char- 
acter today Tammany would not dare attack him. Tammany's 
present attack was made because it believed that through 
despicable and cowardly assaults of the Frawley committee it 
had built up a circumstantial case against William Sulzer 
which would cause a revulsion of feeling against him on the 
part of all of the people of New York state. Tammany believed, 
and may yet believe, that Mr. Sulzer would be left standing 
alone in the governor's office, a friendless and dishonored man. 
It was Tammany's plan to plunge its already guilty knife 
into the political heart of a deserted human wreck. Had there 
been more of thought and less of hysteria on the part of the 
press of the state in the last few days Tammany would not 
now dare to move upon the capitol at Albany with a threat 
of impeachment proceedings, and the Frawley committee 
would be skulking in the byways. It sometimes requires an 
overwhelming crisis to bring out of a man the bigness that is 
in him. It was a crisis of such magnitude that made Abraham 
Lincoln the savior of the nation. There are indications at 
the present crisis that his solemn obligations to the people of 
the state will make of William Sulzer a capable and efficient 
instrument for the delivery of the state for all time from the 
clutches of professional plunderers of the public treasury and 
the rule of political bosses who are the partners of shady busi- 
ness and compose the " invisible government " which Theodore 
Roosevelt learned to know so well and which Woodrow Wilson 
is learning about. 



Impeachment of Governor Sulzer 415 



BARNES REPAYS DEBT TO CHARLES F. MURPHY 



Gives Assemblyman Levy One Argument to 
Force Impeachment 



Editorial in Albany Knickerbocker Press, August 12, 
by Judge Lynn J. Arnold 

Three years ago Governor Charles E. Hughes was defeated 
by William Barnes through the aid of Charles F. Murphy. 
In the senate of the state of New York, at that time, fourteen 
Murphy Democrats lined up with fourteen Barnes Repub- 
licans and sidetracked the bill of direct nominations. William 
Barnes last night repaid his debt to Charles F. Murphy in 
furnishing to the Democratic leader in the assembly, Mr. 
Levy, the only argument which he had to sustain his con- 
tention that the assembly might at this extraordinary session 
impeach William Sulzer. It was an editorial written by Mr. 
Barnes which was the foundation of Mr. Levy's speech and 
which was read in full by Mr. Levy. Mr. Barnes has not 
said one word as yet in behalf of the people of the state of New 
York, and it is time for the people of the state to awaken to 
the true situation. Last night by trickery on the part of Mr. 
Levy, the assembly by a majority vote of those present adopted 
the Frawley committee's resolution and report, a resolution 
and attested by the secretary of the Frawley committee. 
This secretary, Matthew T. Horgan, was proven yesterday 
through certified records of the criminal courts of the state 
of New York to have been convicted as a felon under the 
laws of this state. The records show that he has never yet 
been pardoned, and yet this same Horgan is serving as sec- 
retary to the Frawley committee, and also drawing a salary 
of $5,000 a year under a Tammany department of efficiency 
and economy as deputy commissioner. This is but one in- 
stance showing the awful condition existing in this state today. 
When Mr. Murphy resorts to putting his felon spy in such 
position of trust how is it possible for any honest Democrat 



416 Tammany's Treason 

to remain a member of the so-called Democratic party in the 
state of New York? Any one who heard the venomous speech 
made last night by the crazy Cuvillier and the shifty, tricky 
Levy would unhesitatingly commend Governor Sulzer for 
absolutely refusing to dignify their attacks or the attacks of 
the Frawley committee with an answer. The people of the 
city and county of Albany and of the state of New York have 
just cause for pride in the position taken by the minority 
leader, Harold J. Hinman. The assembly of the state of 
New York needs more men like Harold J. Hinman. If the 
assembly districts of the state have men of his stamp within 
their borders they should make certain that they are sent to 
represent them in the next assembly. It makes no difference 
whether they are called Democrats, Republicans or Progres- 
sives. Such men will never bring shame upon the state. 
Such men are above petty political trickery. Such men will 
guard the treasury instead of looting it. The people of the 
state of New York must sound the note from Montauk Point 
to Lake Erie which will uphold the hands of Governor Wil- 
liam Sulzer and they must strike a note which will terrorize 
the Frawleys and the Cuvilliers and the Levys and the Wagners 
and the Al Smiths and drive them forever from the legisla- 
tive halls. 



Impeachment of Governor Sulzer 417 



TICONDEROGA FLAYS MURPHY'S TREASON 



Mass Meeting Denounces Attempted Assassination 
OF Sulzer's Character 



Jay W. Forrest Speaks 



Albany Lawyer Declares Tammany's Minions Have 
Planned to Seize and Loot State 



Special to The Knickerbocker Press. 

Ticonderoga, Aug. 24.^Citizens of Ticonderoga registered 
their emphatic protest against boss rule in the state of New 
York tonight in a great mass meeting arranged by a committee 
of 100. Strong speeches were made by leading men and reso- 
lutions were passed deploring the conditions that have been 
brought about in the state through the cohesive power of public 
plunder and the indifference of the people to the treasonable 
action of Murphy and his cohorts. The resolutions appeal to 
the men and women of the Empire State to rise against this 
insolent usurpation of power. 

D. C. Bascom, a life long Republican, was chairman. The 
meeting from every point of view was a success. It served 
splendidly to emphasize the fact that in this community there 
is an overwhelming sentiment against the treasonable act of 
Tammany Hall and the assault of minions upon constitutional 
government and the integrity of the governor of the state. 

The meeting was opened with prayer by the Rev. C. E. 
Torrence, who made an appeal for divine guidance in this 
crisis in our civic life. Mr. Hoffnagle, one of the leading 
Republican lawyers of Essex county, made a strong appeal 
for justice to Sulzer and the return of constitutional govern- 
ment, emphasizing the belief of citizens in the governor's 
honesty of purpose and admiration for the superb courage he 
has shown in defying the organized forces of graft. The Rev. 
Dr. de Gruchy sounded a call for the rekindling of the fires 
of patriotism in the hearts of the people and urged support 



418 Tammany's Treason 

of Governor Sulzer in his fight for civic righteousness by every 
honest citizen regardless of poUtics. 

Those in the packed auditorium arose and sang "America." 
Jay W. Forrest of Albany closed the speaking with a terse 
presentation of conditions at Albany and a recital of the 
causes which led up to the present situation and a forecast of 
the results that would follow the supremacy of the band of 
looters. He declared they had planned to seize and rob the 
commonwealth. The resolutions were passed with enthusiasm. 
The benediction was pronounced by Dr. de Gruchy, which 
closed the meeting. The fight in Ticonderoga for the main- 
tenance of constitutional government has only begun, it is 
declared on all sides. 



Resolutions Adopted 

Whereas, The deplorable conditions existing in the gov- 
ernment of our beloved state today, appeals to the heart of 
every patriotic rightminded citizen and cry to high heaven for 
relief and correction and. 

Whereas, These conditions have been brought about to 
the shame and disgrace of the citizenship of the Empire state 
and the fair name and fame of this great commonwealth, by 
a band of men, not inspired by even a false ambition, but 
held together solely by the " cohesive force of plunder," the 
plunder they already have had and which they hope to secure 
by the abuse and misuse of the powers of this state which 
they have attempted to seize, and 

Whereas, Standing with his back against the wall, the 
wolfish cry of this pack of bandits, who demand his honor and 
his life, if need be, ringing in his ears, stands a man, the consti- 
tutional governor of your state, fighting your fight and the 
fight of your state for civic righteousness, for common honesty, 
for constitutional government; against this horde that repre- 
sents today the most effective organization of the " powers 
that prey " that exist in the civilized world, and 

Whereas, Between the honor and solvency of this great 
state and a carnival of looting, graft and crime, that will smear 
an indelible blot on our shield, stand the great principle of 
civic righteousness, for which this man, your duly elected 



Impeachment of Governor Sulzer 419 

constitutional governor, is contending almost single-handed 
and alone, therefor be it 

Resolved, That the citizens of Ticonderoga, regardless of 
race, creed or party affiliations, in mass meeting assembled on 
this evening of the Lord's Day do hereby earnestly and solemnly 
protest to the manhood and womanhood of the Empire state 
and the American nation against their seeming indifference in 
the momentous and unequal struggle for the orderly govern- 
ment by law, under the constitution of this our state, now 
being led at our capitol by our legal and constitutional gov- 
ernor, William Sulzer, and be it further. 

Resolved, That we call on the citizenship of this state and 
nation to uphold the hands of our governor under the law by 
every legitimate means, in his and their fight against the com- 
bined forces of graft and corruption, to the end that civic 
righteousness and honesty may triumph and the good name 
of our state may be saved, and be it further, 

Resolved, That a copy of these resolutions be transmitted 
to Governor Sulzer, with the assurance of our sympathy, 
encouragement and continued confidence and support, in his 
fight against the " Powers that Prey." 

CITIZEN'S COMMITTEE 
Residing in Ticonderoga, N. Y. 

D. C. Bascom Wayne B. Simpkins 

William W. Jeffers John C. Munningham 

F. B. Wood T. E. Ward 

Roy Lockwood J. M. C. Thomas 

R. J. Bryan O. C. Badger 

M. Mintzer H. W. Tread way 

Dr. Geo. H. Beers Franklin T. Locke 

John G. Hutchinson Chas. A. Morhous 

A. G. Brockney E. C. Merchant 

Sylvester R. Wood Frank Fish 

W. D. McLaughlin Carlton F. Warner 

Judson N. Ross Daniel Lee 

Gordon W. Myott Frank Wright 

John Hyde Joseph Garrow 

Edward S. Bly G. H. Adkins 

C. G. West William Wicker 

L. C. Drake Palmer Bradford 

Robert F. Stott W. A. E. Cummings 

M. Y. Ferris Jos. A. Wood 

Altus B. Adkins W. G. Wiley 

George B. Bryan Frank H. Grimes 

James F. McCaughin Wilas B. Moore 

Edward C. D. Wiley John A. Briggs 

J. H. Clark Albert Dolbeck 



420 Tammany's Treason 

Preston King G. D. Harper 

Charles G. Wicker Daniel S. Weeks 

C. E. Bennett W. W. Richards 

F. B. Wickes R. V. Smith 

Thomas DeCruchy I. G. Mason 

W. E. Hildreth C. C. Holden 

Frederick Flannery Jackson C. French 

Frederick Ives " R. C. Landon 

S. A. Weaver Alex. Ostiguy 

James E. Havens N. P. Dolbeck 

John Hennessy Henry Cowan 

L.',E. Torrance Jacob Mintzer 

Myron J. Wilcox Ben Spearman 

H. D. Hoffnagle C. F. Mercure 

Residing in Ticonderoga, N. Y., R. F. D. 

C. E. Burt George W. Johnson 

Arthur L. Delano Nelson J. Wright 

Pell C. Arthur Frank Clark 

Thomas J. Cook W. I. Atwood 

Frank Moses Bert Shattuck 

Floyd Densmore Palmer Bradford 

Lester G. Hack William Wicker 



Residing at Chilson, N. Y. 



Frank Stowell 



Impeachment of Governor Sulzer 



421 



A FEW LETTERS 

From the Hundreds Received by Governor Sulzer 
Following His Impeachment by the Assembly 



Wolcott, N. Y., Aug. 15, 1913. 
Governor William Sulzer, Albany, 

N. Y. 

Governor, "hold the fort," for 
we are coming tens of thousands 
strong election day. Already we 
are hearing the dying wails of Tam- 
many in the disgraceful actions of 
the legislature, their massacre and 
slaughter of the Constitution to 
fetter and clog all investigations 
demanded by the people. We will 
be heard, for the " mills of the gods 
may grind slowly, but they grind 
surely." 

E. J. CORNWELL. 



Brooklyn, N. Y., Aug. 16, 1913. 
To the Honorable William Sulzer, 

Governor of the State of New 

York, Albany, N. Y. 

As a well meaning citizen and 
lover of honest government, I take 
the liberty of congratulating you on 
the stand you have taken against 
the lawless proceedings of the foes 
to the people's cause. 

L J. LEHR. 



Cleveland, O., Aug. 16, 1913. 
Governor Sulzer, Albany, N. Y. 

I am Independent Republican, 
residing in New York, and wish to 
extend to you my sympathies in 
your troubles, with the hope that 
you will win out against your ene- 
mies. 

S. SAXE, New York City. 



New York, Aug. 15, 1913. 
Honorable William Sulzer, Gover- 
nor, Albany, N. Y. 
Don't be discouraged, the public 
opinion is with you and against the 
hoodlums who are trying to anni- 
hilate everyone that is good and 
honest. 

Everybody hopes to see you 
cleared at the trial. Be not dis- 
mayed, neither be discouraged. 

LEAN KARNAIKY, 
Publisher Jewish Daily News. 



Hagadoms Mills, 

Saratoga Co., N. Y., Aug. 15, 1913 

Hon. William Sulzer, Governor of 

New York State. 

Stand by your guns to the last 

ditch. MULFORD NEAHR. 



Elmira, N. Y., Aug. 15, 1913. 
Hon. William Sulzer, Governor, 

State of New York, Albany, N. Y. 

I take great pleasure in endorsing 
your administration to date. I feel 
that you are fighting for a prin- 
ciple. No matter what the out- 
come of your present trouble, I will 
still have faith in your honesty of 
purpose. I was glad to know that 
our assemblyman. Dr. R. P. Bush, 
was able to go to Albany and cast 
his vote for you. 

JAMES A. WILMOT. 



New Haven, N. Y., Aug. 15, 1913. 
Governor William Sulzer, Governor 

of the state of New York. 

I am a republican, but being an 
honest one, I want to express my 
regard for you at this time. I re- 
gret that you are in your present 
trouble. It is a shame that men 
will stoop so low as some have in 
the Empire state. 

WILLIAM BAKER. 



New York City, Aug. 15, 1913. 
Hon. William Sulzer, Governor 

State of New York, Albany, N.Y. 

We are all with you heart and 
soul, and sincerely hope that you 
will eventually win out. We have 
every confidence in you and your 
ability to do so, as right and justice 
always prevails in the long run. 
JOHN H. FIFE. 



Watertown, N. Y., Aug. 14, 1913. 
Hon. William Sulzer, Albany, N. Y. 

As one of your constituents, I 
desire to extend to you my congrat- 
ulations, for the manner in which 
you have stood by your principles, 
for the American manhood which 



422 



Tammany's Treason 



you represent, and for your ability 
and willingness to fight when fight 
is necessary to the interests of the 
people at large. To my mind 
Tammany is paying tribute to your 
integrity, and I am not alone in this. 
Am sure that, generally speaking, 
the people of the state are back of 
you in your fight. 

Sincerely hoping that when the 
smoke of battle has cleared away, 
that your flag will still be flying on 
the firing line. 

CLAUDE M. BURNETT. 



Amsterdam, N. Y., R. D. 3, 

Aug. 15. 1913. 
Governor Sulzer, Albany, N. Y. 

Just a word to let you know there 
are thousands of men, real men, who 
did not help you to be elected but 
who are backing you now to the 
limit. 

F. H. RULISON. 

South Bend, Ind., Aug. 13, 1913. 
Hon. William Sulzer, Albany, N. Y. 

You are deserving of praise, not 
criticism. You have started out to 
do a good and great work, let us 
hope that the result of the trial will 
be your continuation in office and 
your continuation to fight. 

History will never say it of Wil- 
liam Sulzer that he was a coward or 
that he was dishonest. 

FRED. C. GABRIEL. 



New York City, Aug. 16, 1913. 
Hon. William Sulzer, Governor 

New York, Albany, N. Y. 

I am not a Democrat but a Pro- 
gressive. The people by an over- 
whelming vote elected you Governor 
of this state and I believe in the 
American doctrine that the voice 
of the majority is the voice of all. 
And therefore I am with you to 
the last ditch. Go it hard and 
strong and to the limit. 
CHARLES EDWIN SUMMERS. 



EDWARD A. WALSH, 100 West 
91st street, New York city: Permit 
me to sympathize with you in these 
dark hours. No man is infallible, 
but no matter what your faults are, 
myself and one hundred of my asso- 
ciates believe in you and will fight 
for you. 



ARCHIBALD B. ROSEN- 
STRAUS, county committeeman, 
Fallsburg: Hope you win in your 
fight against the wolves who dare 
not fight in the open. 



M. J. O'CONNELL, Buffalo: 
Let me offer my sympathy and 
assure you of my unbounded belief 
in your honesty and integrity. 



DANIEL S. McCORTEL, Woos- 
ter, Ohio: The low character and 
corrupt record of the men who are 
attacking you is a compliment. 
Give them rope enough and they 
will hang themselves. Carry your 
fight into the assembly districts. 
Their vote buying will fail when the 
truth is known. 



JAMES A. HARVEY, Yonkers: 
You are fighting for principle and 
you are sure to win. I am one of 
the many who heard your address 
at Warburton hall on the direct 
primary bill and I learned there that 
you meant business. 



EDITH A. REIFFERT, New 
York city: Heretofore I have not 
been in favor of the recall, but I 
wish we had it in this state now, 
then speedy justice would be done 
you. 



P. COHEN, 949 Third avenue, 
Brooklyn: I have canvassed the 
opinion of every voter who came to 
my store and I have found that 
everybody who is concerned in good 
government is behind you in this 
greatest fight that this or any other 
state has ever had. I didn't vote 
for you for I thought that Mr. 
Straus would make a better gover- 
nor, but hereafter you can count on 
my support. 



REUBEN DORFMAN, 120 De- 

lancey street. New York city: 
Ninety-nine persons out of one 
hundred in the city of New York 
are with you. 



GEORGE WAGNER, 194 Sec- 
ond street. New York city : I think 
your case should be put up to the 
people that put you in office and 
want to see you stay there. 



Impeachment of Governor Sulzer 



423 



BARNET KIRSCHSTEIN, 335 
East Houston street, New York 
city: Do not tremble before the 
tiger, as the people are with you. 



CHARLES BIRD, Rochester: 
You have acquitted -yourself as a 
man. Continue to act the way you 
have and hold the fort. Appeal to 
the brain and the brawn and the 
judgment of the working people and 
the verdict in your favor will be a 
decisive one. 



JAMES J. DURNIN, 724 East 
11th street, New York city: If 
Murphy could use you you would 
be all right with him. 



T. C. DORNHEIM, 39 Vandam 
street, New York city: Do not give 
an inch to that blackhand bunch. 

D. R. WOOD, Mt. Vernon: The 
majority of the people are for you 
regardless of their political ten- 
dencies. We who know you have 
no fears for the final verdict. 



SILAS MOvSTELLER, North 
Rush: I think you too clean to suit 
the gang and that is why they plan- 
ned to throw you over. 



ADALBERT PERENYI, 243 
East Sixty-first street. New York 
city: If you need my services 
among the Hungarian people, I 
am entirely at your disposal. 



GURLUF GUTHORNSEN, 
1320 Third avenue. New York 
city: I thank God we have a 
governor who will not bow to 
Tammany Hall. 



GEORGE E. GULICK, county 
committeeman, Lodi: Nine-tenths 
of the people in this vicinity are 
with you in this fight. 



I. WILLIAM WRIGHT, Buf- 
falo: You have done your duty 
and it is plain to see that your 
enemies are not in the open for 
the public good. Keep on in your 
battle and history will write you 
down all right. " Let him that 
is without fault cast the first stone." 



A. D. MARTELL, Sterling, 111.: 
I am convinced of your sterling 
honesty and integrity as are hun- 
dreds to whom I have talked and 
my best wishes go out to you at 
this time in what I believe to be 
the greatest struggle a man ever 
had to preserve his station. It 
will be a blot on the history of that 
great state, of which I am proud 
to be a native, if your enemies 
triumph. 

N. A. HIRSCH, 1200 Madison 
avenue. New York city: I didn't 
vote for you but everything is for 
Sulzer in the places where I go and 
you ought to feel encouraged. 



W. B. FLEMING, Atlantic City, 
N. J.: You are attacked, not be- 
cause of any crime you have com- 
mitted, but because of crimes you 
refused to commit. Your offense 
is not the breaking of the law, but 
breaking with the bosses. Had you 
obeyed Murphy and sold out the 
interests of the state to the cowards 
nothing would ever have been heard 
of the charges now brought against 
you. What is the matter with the 
New York press? Does it all belong 
to the plutocracy? 



L. D. SLADE, Oneonta: You 
have fought a good fight and won 
the admiration of the vast army of 
men and women. 



JOHN J. RYAN, Medina: Every 
legislator who has acted on the 
order of this contemptible boss im- 
peached himself as an unfit public 
official and I believe will be dealt 
with by the public accordingly. 



ERNEST H. WOODRUFF, 

Olean: Congratulations upon your 
splendid fight for good government, 
and for manhood. 



MILTON ROBE LEE, Scran- 
ton, Pa. : How can the people stand 
idly by and see you crucified? Why 
don't they rush to your aid? You 
are the only man who ever sat in 
the chair of state at Albany and 
had the nerve to try to get the 
people a square deal. 



424 



Tammany's Treason 



W. M. ALDEN, Hyannis, Neb.: 
I hope to see you come out on top. 



CLIFFORD E. CROSS, Wash- 
ington, D. C. : I ask that you be- 
lieve me one of the vast number 
of persons who think you are far 
above reproach and disloyalty. 



C A. TEAGLE, Houston, Texas: 
We of Texas know what this fight 
means. We know that the same 
forces are attacking you that at- 
tacked Bryan, Wilson and every 
man of advanced thought who are 
willing to stand for the right and 
for the rule of the people. 



T. J. REARDON, Paterson, 
N. J. : I am only a poor working- 
man but I want you to know that 
men like myself are heart and soul 
with you in this fight against those 
political gorillas who are trying to 
ruin and disgrace you. 



F. W. LAKEY, New Y^ork city: 
If there is any possible way I can 
be of service or comfort to you, 
call on me. 



WILLIAM H. SICKLES, New 
Baltimore: All Democrats who 
can claim any right to the name 
in Greene county are with you in 
your fight for the right. 



JAMES S. SEBRING, Corning: 
I am with you; the people are 
with you. Fear not, vindication 
will surely come. 



FRANCIS B. KINGSLAND, 
West Orange, N. J.: Let me show 
you my appreciation for the stand 
you have taken for clean govern- 
ment in New York. 



WILLIAM LINDSAY, Seattle: 
This is your opportunity. Be glad 
of it and make the most of it. 



Albany. 
Congratulations for the manly 
stand you have taken in behalf of 
good government against the gang 
of freebooters and state treasury 
looters who have put you in your 
present predicament. 

THOMAS J. KELLY. 



WM. LESLIE FRENCH, Tomp- 
kinsville, S. I.: Allow me to con- 
gratulate you for the unflinching 
stand you have taken for defense 
of "the rights of the people. 



Albany. 
My three brothers and three sons 
are all for you although we did not 
vote for you. 

D. R. HELMES. 



New York City. 
At a meeting of the advisory 
board, representing six hundred 
members of lodge No. 256, O. B. A., 
it was resolved that Governor 
Sulzer be commended on the noble 
fight he is making and that the 
best wishes of the lodge be extended 
to him for a complete and speedy 
victory over his enemies. 

JACOB EISENBURG. 



Mexia, Texas. 
Command me if I can help and 
I will be with you to the last ditch. 
Truth never suffered defeat. 

M. A. WESTLOW. 



Yonkers. 
We express our indignation at 
the outrage committed against you. 
PHILIP LUBOOW. 



New York City. 
This incident will be lost and 
forgotten when it is shown that you 
could have had anything if you 
had only betrayed your state to 
these highbinders. All the people 
will be with you when the truth 
comes out. You will remember 
how Alexander Hamilton was ap- 
proached and how it all helped to 
his glory and success when he stood 
up for honesty. 

W. E. D. STOKES. 



New York City. 
I am pastor of a church of over 
seven hundred members. I admire 
your noble fight against the organ- 
ized enemies of true democracy. 
No Sunday morning service has 
passed in my church in which I 
have not prayed for you before 
the congregation. --i 

REV. BARTON M CLARKE- 



Impeachment of Governor Sulzer 



425 



Ranchester, Pa. 
May God bless you and protect 
you and give you strength to con- 
tinue in this fight. 

MELVIN T. MILLER. 



Sigourney, Iowa. 
Once a fellow member of congress 
with Governor Sulzer. Let me con- 
sole you by saying that there are 
those in faraway Iowa who are with 
you in this struggle and worry they 
cannot be of material benefit to you. 
D. W. HAMILTON. 



Wyoming, Ohio. 
You will be honored and loved 
more than ever when this conspi- 
racy has been exposed. 

LOUIS HALSEY. 



Greenwich, Conn. 

I have watched with intense 
interest the splendid strength that 
you have shown in this great strug- 
gle. Surely these are the times that 
try men's souls and I pray that 
right may prevail. 

MRS. WILLIAM C. STOREY. 



East Schodack. 
Nobody having a share in this 
outrage should ever be allowed to 
hold office in New York again. 

REV. F. W. EDWARD. 



Dewitt Memorial Church, 

New York city. 
In your noble fight against in- 
iquity in high places may you have 
the blessing of all the state. "Bles- 
sed are they who are persecuted 
for righteousness sake." 

REV. W. T. ELSING. 



Buffalo. 
We are all sure of your honesty 
and courage. 

E. H. BAILING. 



Chattanooga, Tenn. 
I firmly believe you to be a 
square man. 

HERBERT W. MORGAN. 



Roselle. N. J. 
Your boyhood friends in your 
old home town are still loyal to you. 
LOUIS F. PRICE. 



Brooklyn. 
My services are at your com- 
mand. I hear talk in the sixteenth 
district of Queens county of meet- 
ing to condemn Assemblyman Lar- 
rimer for voting for impeachment. 
ARTHUR J. STEARN. 



Salt Lake City, Utah. 

Even if the charges against you 
are true, which I do not believe, 
there are scarcely ten men in any 
state of the Union against whom 
worse things could not have been 
scented out if the blood-hounds 
had been after them as they have 
been after you. Be of good cheer, 
brave man, all over the world there 
are many hearts that thrill at the 
spectacle of the splendid fight you 
are waging with your indomitable 
courage. 

MRS. ANNA CLARK SNOW. 



New York city. 
Five voters in our house are all 
pledged to stick to Sulzer through 
and through. 

R. J. PRICE. 



New York city. 
The people are waking up. Best 
wishes and a prayer for your suc- 
cess in doing away with your 
traducers. 

C. H. HIBBARD. 



Brooklyn. 
I assure you of the respect I have 
for you and your every act in pub- 
lic life. You are too straight for 
convictions by such dirty work. 
DR. JOSEPH W. WALSH. 



Bainbridge. 
My deepest sympathy and ad- 
miration. 
MRS. ANNA M. DICKINSON. 



Philadelphia, Pa. 
Your vindication is certain. 

EDGAR MELF. 



East Orange, N. J. 
"All these things do not move me. 
Behold all they that were incensed 
against thee, shall be ashamed, they 
shall be as nothing and they that 
strive with thee shall perish." 

M. H. COOLEY. 



426 



Tammany's Treason 



New York city. 
My whole soul and energy is in 
your cause. 

EDWARD S. BROWN. 



Brooklyn. 

Every decent man and woman in 
this great state are with you, and 
if this Murphy movement against 
good government is permitted, it is 
time for open warfare. I marvel at 
the patience of the people with this 
gang of thugs. 

MRS. MARY ELIZABETH 

LEASE. 



Buffalo. 
By the will of the people you still 
are Governor. Anyone having any 
doubt about this should go through 
the state. I have been at Utica, 
Rome, Oneida and Syracuse, and 
believe me you would be the proud- 
est man in this state if you heard 
what I did. The sentiment is 
nearly unanimous in your favor. 
This applies to Republicans, Pro- 
gressives and Democrats alike. 

CHARLES OBERLANDER. 



Brooklyn. 
You have striven manfully to 
overthrow this political camorra 
and deserve the fullest measure of 
support. Call on me for any help 
I can give in your war on Murphy 
and his legislative gunmen. 

F. E. AMENT. 



Washington. 

Hitting below the belt never did 

pay and never will pay in fighting a 

man who doesn't scare. I know you 

will stick and I know you will win. 

LOUIS F. POST. 



Ithaca. 
It takes a strong man to with- 
stand the villainous assaults being 
made on you, but I have never seen 
you show a phase of dishonor or a 
symptom of the white feather. 

J. P. MERRILL. 



Nyack. 
The majority of the Democrats in 
Rockland county want to see you 
stamp out corruption and specu- 
lation in this state. 

FRANK HOFFMAN. 



New York city. 
Against the workings of the evil 
forces which came from the depths 
of the bottomless pits itself, you 
have proved yourself with bravery 
the most fearless man who has ever 
sat in the Governor's chair from 
General Clinton down, not even 
excepting that other great champion 
of the rights of the people, Theodore 
Roosevelt. 

CLARENCE LADD-DAVIS. 



New York city. 
I am certain that when it comes 
to the highest authorities you will 
win out and your treacherous 
enemies will be exposed. I believe 
in you and always will, and if there 
is anything I can do please com- 
mand me. Keep up your courage 
and the good will always truimph 
over the evil in the long run. 

OSCAR TOCHIRKEY. 



Philadelphia, Pa. 
Surely the fates will not be so 
cruel as to permit your undoing just 
at the time when you are becoming 
most useful. You are the fairest 
and most humane Governor New 
York has had in many a year. 
Your courage and independence 
strikes an exceedingly popular 
chord in the heart of many. 

J. S. STEMONS. 



Holley. 

I note with keen satisfaction your 

gritty determination to get to a 

finish with the bosses of this state. 

JAMES F. HOUCHINS. 



Seagate. 
I know you are brave and fit for 
he battle. 

GEORGE SLATER. 



Pheodes, Va. 
Like John Paul Jones I know you 
will never give up the ship while a 
single spar remains. 

GEORGE F. BENSON. 



Brooklyn. 

We solemnly pledge ourselves to 

vote against the bosses' ticket this 

fall in its entirety, even though our 

best friends may be nominated on it. 

HENRY KING. 



Impeachment of Governor Sulzer 



427 



New York city. 
You have done an admirable 
thing in dragging these scamps out 
into the open where all may see. 
They are digging their own political 
graves. 

MORRIS H. MENSCH. 



New York city. 
The more the hero of a good cause 
is handicapped the more his deeds 
are numbered in history. Tenth 
assembly district will stand on your 
side and assist you in your battle 
for more privileges for the people 
and less for the bosses. 

SAMUEL BUCKLER. 



New York city. 
While I am a Republican in poli- 
tics I am still with you heart and 
soul in your purpose to benefit the 
community at large. 

HENRY L. FRANKLIN. 



Brooklyn. 
As a regular Democrat who comes 
from a family of regular Democrats 
in this county for twenty-one years, 
all of whom have contributed to 
build up the Democratic organiza- 
tion and none of whom have ever 
held office, I recognize as the regular 
elected Governor. I recognize you 
as the regular elected Governor, I 
recognize as contemptible the action 
of the regular so-called leaders and 
I feel that every Democrat ought to 
at this time do his duty toward you. 
JOHN J. H. ROGERS. 



Seattle, Wash. 
The people of New York are 
aroused at the fact that they now 
have a real champion who cannot 
be tempted by gold, disturbed by 
calumny or frightened bv threats. 
MORRIS D. LEVY. 



Skaneateles. 
Feeling is running very strong 
against the assemblyman from this 
county who voted for impeachment. 
I attended the State Firemens' 
convention yesterday at Utica, and 
it is safe to say that four out of five 
in attendance were in favor of the 
Governor. 

MARTIN F. DILLON. 



New York city. 
It is your quality of courage which 
has won the greatest battles of the 
world. 
WILLIAM BEVERLY HARISON. 



Albion. 
You were never stronger in Or- 
leans county than you are now. 
The people on all sides of politics 
swear by you. 

SANFORD P. CHURCH. 



Oklahoma. 
The Lord loves a cheerful fighter, 
so get joy in your heart and go for- 
ward, it is no disgrace to be im- 
peached by that band of pirates. 
Don't forget that your enemies are 
the enemies of the people and good 
government. 

M. L. LOCKWOOD. 



Syracuse. 
I will not see an effort to befog 
the public judgment made without 
lifting up my voice in protest. The 
thirteen hundred members of the 
Centenary Methodist Episcopal 
church are watching every move. 

REV. J. H. BRUCHID. 



New York City. 

The public, irrespective of politi- 
cal party, are ready to crucify 
those conspirators against the pub- 
lic. They will not allow you to be 
crucified. 

DR. WILLIAM SCIROVICH. 



Washington. 
I cannot leave on my ship to 
Europe without expressing to you 
my belief in your official and per- 
sonal integrity, all coupled with the 
earnest hope that you may be able 
to overcome the vindictive attacks 
on you. 

WILLIAM B. AINEY. 



New York City. 
My friends believe in you and 
always have and always will. Do 
not despair. It is now a fight to 
the death between you and Mur- 
phy. The people will forgive any 
mistakes on your part if Tammany 
can be done away with good and all. 
JULIUS CHAMBERS. 



428 



Tammany's Treason 



Fonda. 
The people of this town are with 
you to a man. 

DR. A. B. FOSTER. 



Washington. 
I wish to express my great inter- 
est and deep concern in your affairs 
and Mrs. Sulzer's illness. So far 
as the charges which have been 
made against you are concerned, it 
is hardly necessary to say I do not 
believe them. The officers whom 
I meet here believe that when you 
are heard the charges will fail. 
MAJ. gen. JOHN F. O'RYAN, 

N. G. N. Y. 



Cambridge, Md. 
I have not foimd a man in Mary- 
land who believes for an instant 
that you are guilty. 

J. WATSON THOMPSON. 



Lysander. 
The real high crimes and mis- 
demeanors upon which you stand 
indicted in my judgment, are, 
among others, you are guilty of 
refusing to appoint criminals and 
ex-criminals to high salaried offices 
in this state; you are guilty of 
making it impossible for Tammany 
to pollute the state treasury through 
other departments; you are guilty 
of the appointment of honest men 
to office. 

CHARLES KING BELL. 



Brooklyn. 
Although I am a Republican and 
ran for the assembly under the 
Republican ticket in the Twenty- 
third district last election, yet I ad- 
mire you for having refused to be a 
pawn of Tammany Hall. I assure 
you one million of others feel the 
same way. 

JACOB A. FREEDMAN. 



Littlestown, Pa. 
From the battlefield of Gettys- 
burg we greet you as the champion 
of right in mortal conflict with 
might. 

D. B. ALLDMAN. 



New York city. 
You have incurred the hate of the 
enemies of good government in this 



state and I believe that in this 
confused situation at least one thing 
is clear and that is that you repre- 
sent the hope of the people of the 
state to possess and administer 
their own government. You may 
count upon me for anything I can 
do in your aid and support. 

BAINBRIDGE COLBRIDGE. 



Clay Center, Kansas. 
Here's wishing you success. I 
was a member of the Fifty-fifth 
congress, and as a congressman I 
found you right and I believe you 
are right now. 

W. V. VINCENT. 



Ticonderoga, Aug. 22. 

The citizens' non-partisan com- 
mittee of Ticonderoga, of which I 
have the honor to be chairman, are 
arranging a mass meeting for Sun- 
day evening next at the Wigwam 
with an overflow meeting across 
the street to enter the protest of the 
citizenship of this historic town 
against the attempted seizure of the 
state by the Tammany looters and 
legislative gunmen of their system 
under the leadership of Murphy 
and the invisible government that 
supplies him with brains and power. 

We send you our assurance of 
confidence, esteem and respect. 

D. C. BASCOM. 



Rochester, Aug. 22. 

At a meeting of the Prohibition 
county convention held Tuesday 
evening, August 19th, the following 
resolution was unanimously passed 
and the secretary instructed to 
send a copy of the same to you. 

Resolved, that we recognize the 
fact that beyond question the Gov- 
ernor of the State of New York, 
elected by the people of the state — 
William Sulzer, has been impeached 
by a hostile assembly, not for high 
crimes or misdemeanors real or 
alleged, but for his civic virtues, 
and that if he had not been true 
to his preelection pledges to the 
people of the state, especially to 
use his influence to secure the enact- 
ment of a genuine direct primary 
law, these impeachment proceedings 
would not have been thought of, 
therefore, 



Impeachment of Governor Sulzer 



429 



Resolved, That we extend to our 
Governor, William Sulzer, our sym- 
pathy, and cordial co-operation in 
his heroic fight to secure a govern- 
ment of the people, by the people 
and for the people, to the citizens 
of the state of New York. 

GEORGE H. DRYER, D. D. 

WILLIAM SCHALBER. 



Brooklyn. 
In the name of the twenty-third 
district, I will say that the im- 
peachment has infuriated its people. 
JOSEPH SILVERMANN. 



Alma, Mich. 
The hearts and sympathies of the 
great mass of right thinking men 
throughout our nation are with you 
in your great fight against the 
greatest band of political thugs and 
assassins who ever infested any 
country. 

DE WITT VOUGHT. 



Schenectady. 
I am not a Democrat and I did 
not vote for you, but I am for you 
now. 

MARSHALL A. BRADT. 

Brooklyn. 
All the people that I have come 
in contact with are with you. 

JOHN E. TURLEY. 



Rochester. 
You have the plain people back 
of you, want to feel that they are 
with you and will help you to clean 
out our state to the last ditch and 
the last dollar. In every street car 
and every assemblage of men there 
is but one feeling here, and that is 
for you. Partisan feelings have 
been forgotten and you will be a 
better man, a better Governor for 
us and be better yourself when you 
are through with the tiger. 

THEO. T. JAGER. 



Boxley, Ga. 
You are right, and the country is 
applauding the fight you are so 
bravely waging. Stick to it until 
the last friend of Tammany is ex- 
terminated. 

DAVE M. PARKER. 



East Aurora. 
I believe you have been deeply 
wronged. 

J. D. WEED. 



Pensacola, Fla. 
I trust that you will come out 
victorious. 

MAYOR GREENHUT. 



Boonville. 
You are gaining friends every 
day. We have a little club here, 
some forty-two of us, and we want 
you to know that we are still with 
you. 

GEORGE NELSON. 



Savannah. 

We hope to defeat your enemies 

at the primaries and let the real 

Democrats of Wayne county rule it. 

E. M. HARVIE. 



Waterloo. 
The majority of Democrats of 
Jefferson county are with you and 
will be glad to do anything to help 
you. 

C. L. LANSING. 



Utica. 
Your position would not be 
heard of if you had been sub- 
servient. I believe the people ap- 
preciate your courage and tenacity 
in the struggle. 

JOHN L. MAHER. 



Rochester. 
The people of Rochester are with 
you in this fight and I personally 
hope that before you are through, 
Charles F. Murphy will be in Sing 
Sing or a similar place where he 
belongs. 

CHARLES RUMPF. 



Ballston Spa, Aug. 22. 
I am enclosing a copy of a reso- 
lution that I introduced yesterday 
at the annual mid-summer institute 
of the Charlton Agricultural asso- 
ciation. There was an attendance 
of about 500 people of this vicinity, 
and I am glad to report that the 
resolution was heartily adopted 
without a dissenting vote. 

WALTER S. CAVERT. 



430 



Tammany's Treason 



Baltimore. 
Almost without exception the 
people I meet here are with you 
in your fight. 

THOMAS O. CLARK. 



Resolved, That we, the members 
of the Charlton Agricultural asso- 
ciation, at the annual mid-summer 
meeting assembled, condemn the 
action of the members of the state 
legislature who instigated and as- 
sisted in the high-handed and hasty 
impeachment proceedings against 
Governor Sulzer. We do not be- 
lieve that a legislature that exon- 
erated Senator Stilwell could be 
acting with sincere motive in im- 
peaching a governor who is trying 
to give an honest administration 
and to expose corruption and graft. 
Further, we commend those mem- 
bers of the legislature who voted 
against the impeachment proceed- 
ings, and who have acted in good 
faith in the interests of the people 
throughout the entire session; 

Further resolved. That we hear- 
tily favor the adoption of a genuine 
direct primary bill, and will accept 
no make-shift substitute therefor; 

Still further resolved. That a copy 
of this resolution be forwarded to 
Governor Sulzer, and to the senator 
and assemblyman from this district. 



Little Falls, Aug. 22. 
I was requested by the trades as- 
sembly to write to you and say that 
they wished to express their con- 
fidence and sympathy for you 
against what they believe to be 
persecution of your enemies, and 
pledge our support in your behalf 
in your effort to give the people of 
New York state an honest and 
faithful administration. 

CARL CRAMER. 



Brooklyn. 

Enclosed please find resolutions 
passed unanimously by a rising 
vote at the enthusiastic mass 
meeting held in your behalf Tues- 
day, August 19. 

From the view of the meeting, and 
the lasting impression made through- 
out the tenth senatorial district, I 
can safely state that, at your 
command, you can have the normal 



and financial support of this vicin- 
ity. There are other meetings of 
the kind planned by some of your 
friends in our locality. 

It will be a pleasure and an honor 
to me to be of any personal service 
to you at any time in any way you 
may see fit. 

VICTOR E. POMERANZ. 

At a meeting held at Inde- 
pendence hall, 89 Osborne street, on 
Tuesday night, August 19, 1913, by 
the patriotic citizens of the tenth 
senatorial district, the following 
resolutions were adopted: 

Whereas, The assembly of the 
state of New York, has at the be- 
hest of the " Tammany Boss," and 
without a proper and fair con- 
sideration of the evidence of proof, 
impeached William Sulzer, the 
Governor of this state, and brought 
shame and insult to the honor and 
dignity of this Empire state, and 

Whereas, This unwarranted ac- 
tion was taken solely for the pur- 
pose of vindictively punishing the 
Governor for his independence of 
character and desire to serve the 
people in accordance with the light 
as he saw it, without bending the 
knee to any " Boss," it is 

Resolved, Further, that we sym- 
pathize with the Governor in his 
hour when he is being pilloried 
because of his loyal devotion to his 
public trust and his contempt of 
those men who would prostitute 
the public offices for their private 
gain. 

Resolved, That we deprecate and 
condemn the action of the assembly 
in following with slavish obedience 
the dictates of one who arrogates to 
himself the powers and functions 
entrusted to the representatives of 
the people. 

Resolved, Further, that we pledge 
our devotion and faith in our 
Governor and express to him our 
earnest belief in his patriotic at- 
tachment to the welfare of the 
people, his devotion to public trust 
and his fearless championing of the 
people's cause. 



Riverhead, Aug. 14. 
My dear Governor Sulzer, you 
have my sincere sympathy. 

MELVILLE E. BRUSH. 



Impeachment of Governor Sulzer 



431 



Buffalo. Aug. 15. 

The following resolution was 
enacted here last night, introduced 
by J. W. Shields. Resolved that 
the Sixteenth Ward Democratic 
Direct Primary league in meeting 
assembled desires to express its 
confidence in Governor Sulzer, and 
its sympathy for him in what it 
believes to be persecution by his 
enemies, and we pledge to him our 
earnest and hearty support. 

Resolved that the secretary tele- 
graph this expression of confidence 
and sympathy to the governor. 

EDWARD C. BURGARD. 



Chicago, 111., Aug. 13. 
Keep a strong armed guard 
about your office day and night to 
prevent others getting possession 
by trick or force. 

ARTHUR C. JACKSON. 



Washington. Aug. 14. 

I firmly believe you will con- 
found your enemies. Good luck 
to you in your fight against Tam- 
many. 

JOHN CALLAN O'LAUGHLIN. 



New York, Aug. 13. 
The people love and believe in 
William Sulzer the man, in Gov- 
ernor William Sulzer a human 
being like ourselves and therefore 
liable to human mistakes, the gov- 
ernor who has stood four-square for 
the platform on which he was 
elected, who when he came to the 
parting of the ways chose the 
straight and narrow path, as did 
his devoted wife with him, even 
though it might lead to his cruci- 
fixion at the hands of those who- 
would betray the same platform on 
which they were also elected with 
him and then stab to its death the 
new-born progressive democracy 
which is today the hope of the 
people of all the world. 

WM. OSBORNE McDOWELL. 



New York, Aug. 13. 
The state road through Islip 
town will yet be built by and 
named after Governor Sulzer. Con- 
vey my highest admiration to 
Mrs. Sulzer. 

JOHN C. DOXIE. 



New York, Aug. 11. 
As a taxpayer here, I congratu- 
late you upon stand now taken. 
May I suggest that your lawyer, by 
speaking of libel suits against news- 
papers and other defamators, may 
change newspapers into valuable 
assistants in any search for any 
criminals. 

M. A. MOSLE. 



Elmira, Aug. 11. 
A word from a few of the rank 
and file; we are with you. 
C. FLOSCH, 
R. R. WILLIS, 
E. ALLEN, 
E. D. SCHMIDT, 
W. A. WATSON, 
W. P. STOUT. 



Washington, Aug. 12. 
Your twenty-five years ledger 
account with the people cannot be 
balanced by one small debit item, 
the alternate of which would have 
been their betrayal. Courage gov- 
ernor and above all keep your 
strangle hold on the tiger. 

J. W. FROST. 



Coming, Aug. 12. 
Stand firm, popular sentiment 
of this city for you. Keep on 
firing line. 

FREDERICK A. ELLISON. 



Cherubusco, N. Y., Aug. 12. 
The people are with you. 

T. B. HUMPHREY. 



New York, Aug. 13. 
Men and angels are weeping 
today over the disgraceful action 
of Tammany's assembly. 

JULE De RYTHER. 



Holley, Aug. 13. 
On to victory, am with you to 
the end. Assemblyman Cole has 
killed himself here. 

J. HOUCHINS. 



Washington, Aug. 13. 
Fight courageously to ultimate 
victory. Your true friend in all 
kinds of weather. 

DONALD C. MacLEOD. 



432 



Tammany's Treason 



Niagara Falls, Aug. 14. 

Leave no stones unturned, fight 

to the last ditch, with right and 

justice on your side you are bound 

to win and emerge from the fight 

2r and greater than ever. 

JOHN F. Mcdonald. 



Amsterdam, Aug. 13. 
r The rank and file of the people 
are expressing themselves in your 
favor and wish me to express to 
you to stick tight. 

THERON AKIN. 



Belfast, Aug. 13. 
Your friends prefer to publicly 
weep over a dead hero than to 
silently mourn over a living 
coward. Don't give up the fight. 
Courage. 

Rev. M. J. CORBETT. 



New Y'ork, Aug. 15. 
You are in the right legally and 
morally, and right must win. The 
people are with you. You have 
many friends. You have my sym- 
pathy and good wishes. 

CHAS. M. KIEFER. 



New York, Aug. 13. 
Do not abandon your battle for 
the people's cause. Keep up cour- 
age and you will be victorious. The 
Bronx voters will remain loyal to 
you and will continue so to the 
end. We stand ready to assist 
in this great fight and to wage 
war against Murphy and trained 
pups. 

JACOB H. GREDINGER. 



Babylon, Aug. 13. 
Still believing in your honesty 
and that your impeachment is one 
of the greatest outrages in the his- 
tory of our state we assure you that 
you have our support until it is 
shown that you are the man that 
your enemies paint you, our senti- 
ments we believe are the sentiments 
of the voters of the town of Babylon. 
PETER KLEINDENST, 
CARL JACKSON, 
DAVID SANDMAN, 
FRED CARPENTER, 
CHAS. R. FLANLY, 
LUKE DEVLIN, 
JAS. W. EATON. 



Chicago, 111., Aug. 15. 
History will show the record that 
William Sulzer kept faith with the 
people, and his political assassins 
will go to oblivion. My heart beats 
with you and it says courage and 
hold fast. Command me if there 
is any service I am able to render. 
Justice must prevail. 

MACKENZIE BYRNE. 



Batavia, Aug. 14. 

We, the undersigned, citizens of 
Genesee county hereby pledge our 
support during the crisis of your 
fight for the people of the state of 
New York. The people are with 
you and we urge you to stand by 
all you have undertaken. 

Dr. John W. Losur, Batavia; 
G. E. Gubb, Batavia; Thos. J. 
Gallagher, Batavia; William H. 
Rial, Batavia; Sidney A. Sherwin, 
Batavia; Charles R. Gould, Bata- 
via; Allen W. Gillard, Batavia; 

E. N. Heath, Bergen; William C. 
Radley, Bethany; The Rev. Jas. 
C. Crawford, Corfu; E. E. Hotch- 
kiss, Oakfield; John F. Stiles, Pen- 
broke; The Rev. S. J. Clarkson, 
Batavia; Simeon R. Mattice, Bata- 
via; Albert F. Kleps, Batavia; 
Ralph P. Young, Batavia; Edward 

F. Shortt, Batavia; Charles W. 
Buckheltz, Batavia; Edwin M. 
Crocker, Bryon; E. W. Dauchy, 
Bethany; Frank P. Redseal, Bata- 
via; Henry W. Drilling, Darien; 
Harry J. Howe, Leroy; Gilbert 
Prolo, Stafford. 



Lake Placid, Aug. 13. 
More than ever I am your friend 
and wish I could be of real service. 
MRS. DONALD McLEAN. 



Fulton, Aug. 13. 
I am shocked and grieved at 
action of assembly. 

E. B. NORRIS. 



New York, Aug. 14. 
You will show lamentable weak- 
ness if you give up governor's chair 
and injure your chance before senate 
and in public view. Under no cir- 
cumstances do so. The law, pre- 
cedent and common sense are op- 
posed to it. If you give up the 
office it would be equivalent to 



Impeachment of Governor Sulzer 



433 



surrender and confession. You are 
governor until an adverse verdict, 
assuming present action legal. 
Stand firm and express yourself 
in no uncertain terms. 

CHAS. H. UNVERZAGT. 



Hingham, Mass., Aug. 14. 
You have my sympathy. 

FRANCIS E. YOUNG. 



Hornell, Aug. 14. 
The people still believe. Call 
all bluffs. You will win. 

A. E. COWLES. 



Jacksonville, Florida, Aug. 14. 

Send message to legislature de- 
manding submission constitutional 
amendment providing recall public 
officials by popular vote. Protest 
against trial by partisan tribunal 
carrying out dictates corrupt polit- 
ical machine. People elected j'ou. 
People should try you. Play this 
card strong. Will put legislature 
in hole if people denied this right. 

ION L. FARRIS. 



Rochester, Aug. 14. 
Best wishes from a true friend. 
THOMAS J. LADDY. 



Lockhaven, Pa., Aug. 14. 
All along the line from Lewis- 
burgh here popular expression unan- 
imously favors you in your fight 
with Tammany detractors and per- 
secutors. My long service in con- 
gress with you justifies my implicit 
confidence in your high purposes 
and desire to serve the people. I 
trust the methods of the inquisitors 
may not be successful and if you 
will permit I will aid in raising a 
popular expense fund to help secure 
fair play for you in this universally 
recognized high-handed blackjack 
game designed to encompass your 
ruin. 

BENJ. K. FECHT. 



Glens Falls, Aug. 13. 
Keep a steady nerve and fight 
hard. You have the sympathy and 
will have the support of all Demo- 
crats who can claim any right 
whatever to the name. 

ELMER J. WEST. 



New York, Aug. 16. 
I believe in you and am your 
friend. 

SUSAN HILL RUDD. 



Riverside, Aug. 15. 
The Methodist preachers at Troy 
Conference attending annual camp 
meeting Riverside, unanimously ex- 
tend sympathy in fight for constitu- 
tional government and your heroic 
opposition to bi-partisan corruption 
in public life. We pray needed 
strength may come to you, restor- 
ation to health to Mrs, Sulzer. 
JOHN LOWE FORT, 

District Supt., 
for all the preachers. 



Rochester, Aug. 15. 
Three thousand voters in mass 
meeting assembled pledge you sup- 
port in your fight against Tammany 
for good government. 

T. H. ARMSTRONG, 

Chairman. 



Oklahoma City, Okla., Aug. 15. 
You are right. Don't back- 
water for a minute. 

H. E. MANSFIELD. 



Butte, Mont., Aug. 15. 
Born in Albany, in 1839, so hold 
the fort and stand pat against 
Tammany grafters and thieves. 
The honest people are with you 
sincerely. 

ROD D. LEGGATT. 



New York, Aug. 16. 
The United States Constitution 
makes it the duty of the Federal 
government to secure to each state 
a republican form of government. 
That is the government of law, 
not of an autocrat. Why not apply 
to the Federal court for an injunc- 
tion against Glynn on basis of his 
letter refusing court jurisdiction. 
GODFREY L. CABOT. 



New York. 
I went on the stump for Strauss, 
but you are now in a fight against 
the ballot box stuffers and it is a 
pleasure to help. Back up your 
authority with the bayonet. 

L. D. MAYES. 



434 



Tammany's Treason 



Cazenovia, Aug. 16. 
Congratulations on your stand 
and sympathy in your distress. 
GRANVILLE FORTESCUE. 



New York, Aug. 15. 
You are only human, the same 
as the rest of us, you have made a 
bad break or two, but up to date 
I am going to give you the benefit 
of the doubt like thousands of 
others, because you have got the 
nerve to put up the final fight 
against Tammany. Here's hoping 
you win. 

M. M. DeCUMP. 



Akron, Ohio, Aug. 16. 
Since assembly didn't commence 
appoint your own pro tem successor 
pending trial. Submit this to 
Herrick and act at once. This is 
from Jack Hazele, telegraph editor 
Bacon Journal. After it is all over 
send me thanks. 

HAZELE. 



Chestertown. 
Do not give up the fight. Be 
governor. 

WM. H. FAXON. 



New York city. 
You may have been unwise, but 
I don't believe you are crooked. 
Fight right back at them. 

PEVERIL MEIGS, JR. 



Elmira. 
Chemung County Christian 
Women's Temperance Union be- 
lieves in your honesty and loyalty 
to the right. 

MRS. J. S. MOTT. 



New York city. 
Every power to you. May no 
traitor be near vou. 

JOHN A. HAMILTON. 



Chatham. 
My profound sympathy with 
you in the present persecution. 

REV. H. P. BAKE. 



New York city. 
I shall support you with all my 
strength believing fully in your 
honesty. 

CLARKE BELL. 



New York city. 
How I wish to see you adopt the 
methods of Napoleon — arrest the 
scoundrels, and if necessary, drum- 
head them. 

DR. WM. H. McGREEVY. 



Richmond Hill. 
The people would condone in 
you anything from arson to murder 
if you can smash the organization 
of thugs. 

OVAL FELKER. 



New York city. 
All the Bronx people I meet are 
with you. 

HENRY K. DAVIS. 



Albany. 
I am sure that the fall election 
will endorse you in a way that will 
surprise everybody. 

EDWARD M. CAMERON. 



Philadelphia. 
The source and the venom of the 
attack now being made upon you 
should rally to your side all right 
thinking citizens. 

HENRY JOHN S. GIBBONS. 



New York city. 
I hope you do not intend to drop 
the fight now that the real battle 
has begun. 

SMITH THOMPSON. 



Babylon. 
Your impeachment is one of the 
greatest outrages in the history of 
our state. 

PETER KLEINDERT. 



Circleville, Ohio. 
Stand pat and fight the most 
corrupt state legislature in the 
Union. 

HARRY E. WEILL. 



Saginaw, Mich. 
It is the only clean, good politi- 
cians who meet with embarrass- 
ment, such as this. Accept our 
sympathv. 

GEORGE M. WEISNER. 



New York city. 
Please command me. 

MORRIS W. HART. 



Impeachment of Governor Sulzer 



435 



Canisteo. 
You have erred in your judg- 
ment, and you may have made 
mistakes, but that you are guilty 
of high crimes and misdemeanors, 
I do not believe. 

ALMON W. BURDELL. 



Albany. 
The people are bigger than 
Murphy and Barnes combined. 
Go to it and God bless you. 

MORTIMER REDMAN. 



New York city. 
I am surprised that you did not 
use the militia to drive that thievish 
assembly out, as they had no right 
to sit in judgment of you. 

PHILIP heller. 



Brooklyn. 
Do not let the hounds discourage 
you. 

B. S. SANBORN. 



Albany. 
I am a Republican and voted 
against you, but I believe you are 
an honest man. 

H. M. BUTTS. 



Albany. 
In the language of General 
Bragg, referring to Grover Cleve- 
land, " We love you for the enemies 
you have made." 

J. P. McGARRAHAN. 



Jamaica. 
I enclose you resolutions adopted 
by the Hebrews Citizen's associa- 
tion of the Fourth ward. Borough 
of Queens. They faintly express 
the disgust of its membership at 
the attempt of a band of crooks 
to discredit you for trying to stop 
the pillage of the state of New 
York. 

JOSEPH KAISER. 



Ridgewood, N. J. 
What a frightful state of affairs 
that a man like Murphy should have 
the power to commit such an act. 
I do not think that a man with your 
fine reputation will suffer much 
from an attack from a man of his 
type. 
ELIZABETH HOWARD ELLIS. 



Watkins. 

I feel sure that you can count 

upon the mass of the Republican 

party to join with your Democratic 

friends and overthrow your enemies. 

C. A. PAYNE. 



New York city. 
Even if the charges as they ap- 
pear are true, there can be no 
justification in the minds of fair 
and honest men for your impeach- 
ment. 

ROBERT LEE HARDY. 



New York city. 
Sit tight, fight back hard; you 
will win. Public sentiment, the 
strongest moving force existent, is 
aroused in vour favor. 

W. N. AMORY. 



New York city. 
What counts with the people is 
the kind of governor you have been 
for us, and you have more than 
filled our greatest expectations. 

ROBERT TIEMAN. 



Jersey City Heights, N. J. 
I cried when I read the dreadful 
news, but it will come out all right. 
MRS. J. H. WELLING. 



New York city. 
Disband the legislature and clean 
up the state and you will go to 
history as great as can be. 

WILLIAM J. COCHRANE. 



New York city. 
The editorials in the hired news- 
papers do not reflect the opinions 
or the sentiments of the public. 
You have hazarded your political 
life for the public interests and do 
not fear that you will be deserted. 
ABRAHAM H. SARASOHN. 



New York city. 
We German-Americans are with 
you. 

MAX COUNTY LANDOW. 



New York city. 
You have always held out for the 
people, and that is why you are 
marked by those who are false to 
their trust. 

DR. EVERETT FIELD. 



436 



Tammany's Treason 



New York city. 
Why don't you have Murphy and 
the whole gang arrested and thrown 
into jail for conspiracy? It makes 
me ashamed that I am a citizen of a 
state where such things can be. 

F. H. O'NEILL. 



Kingston. 
The action of the assembly has 
brought a blush of shame to the 
face of all good citizens in this state 
for prosecuting a man whom I 
believe has always been upright and 
honest. 

SAMUEL STERN, JR. 



Glens Falls. 
This will make you president. 

DR. J. W. DEAX. 



Corfu. 
My deepest sympathy in your 
noble warfare against corruption. 

REV. J. B. CRAWFORD. 



Buffalo. 
I have believed in you and your 
policies and I do now. 

E. R. VOORHEES. 



Brooklyn. 
All right thinking men are with 
you. 

J. VAN VALKENBURGH. 



New York city. 
You are better off than if you had 
compromised with Murphy. 

DR. ISADOR N. KAHN. 



Naples. 
Only the tragedy enacted upon 
Calvary can equal it. 

F. G. PIERCE. 



Glens Falls. 
You have the sympathy and will 
have the support of all Democrats 
who can claim any right whatever 
to the name. 

ELMER J. WEST. 



New York city. 
If the legislature is using the 
Cromwell method it will have the 
ire of the people regardless of all the 
newspapers against you. 

WILLIAM HALPERTY. 



Newark. 
The fight is against an honest 
state government and the rights 
of the people. 

JOHN WATSON. 



Sodus. 
We can not make ourselves be- 
lieve that you have done wrong. 
MILLS BROTHERS. 



Kansas City. 
We know the charges are not 
true. 

J. L. WOODS MERRILL. 



New York city. 
I did not vote for you but I will 
next time on your present record, 
and I find lots of people feel the 
same way. 

W. G. YEAMANS. 



Poughkeepsie. 
They are making you big and 
more powerful than the party and 
you shall loom over and above the 
Frawleys, the Murphys and the 
Wagners. We will make you our 
next president. 

THOMAS H. LANIGAN. 



Thompson Ridge. 
The devil never fights a man so 
small as not to be dangerous to him. 
I pray for you in public at my 
Sabbath services. 

REV. J. S. E. ERSKINE. 



Washington. 
I am deeply grieved at your im- 
peachment but the senate and the 
Court of Appeals have not con- 
victed you and I do not believe they 
ever will. 

JOHN A. JOYCE. 



Saint George, Staten Island. 
I still believe you are doing more 
than any other governor to keep 
your promises to the people. 

WILLIAM T. JENKINS. 



New York city. 
In common with many Democrats 
I feel very indignant over what I 
believe is a most wanton attack 
upon you. 

PHILIP VAN ALSTINE. 



Impeachment of Governor Sulzer 



437 



Troy. 
Your battle is the battle of every 
true and upright citizen of this 
state. 

D. ZEISER. 



Rochester. 
I did not vote for you last time, 
but you have won me. 

ROSS MATTHEWS. 



Brooklyn. 
I hope our fellow citizens may see 
that there is a reasonable side to 
this matter of personal and inci- 
dental expense of an individual 
holding public office and candidate 
for another office. 

C. AUGUSTUS HAVILAND. 



Albany. 
I am a Republican and did not 
vote for you last fall. However, I 
believe that you are making the 
greatest fight against graft and 
grafters that was ever known in 
political history. 

ERASTUS L. POST. 



New York city. 
The people stand solidly behind 
you and not only consider the 
attacks made upon you as unworthy 
of the notice of decent people, but 
the machinations of the criminal 
class you have on the run. 

FREDERICK W. PARK. 



Albany. 
You should consider the im- 
peachment vote this morning by the 
gang of discredited politicians as 
an honor, not a disgrace. 

REV. O. R. MILLER. 



New York city. 
I am going to give you the benefit 
of the doubt like thousands of 
others, because you have got the 
nerve to fight Tammany. 

M. M. DE CAMP. 



Cooperstown. 
If I can be of any assistance to 
you in any way during your coming 
fight, you may put me on the eli- 
gible list without compensation or 
remuneration. 

JAMES J. BYRD. JR. 



Riverside. 
The Methodist preachers in Troy 
conferences, attending annual camp 
meeting here, unanimously extend 
sympathy in your fight for consti- 
tutional government and your heroic 
opposition to bi-partisan corruption 
in public life. We pray needed 
strength may come to you and 
restoration of health to Mrs. Sulzer. 
JOHN LOWE FORT. 

Individually 



Butte, Mont. 
Stand pat against the Tammany 
grafters and thieves. The honest 
people are with you. 

ROD D. LEGGETT. 



New York city. 
Thrice armed is he who hath his 
quarrel just. 
JAMES EDWARD GRAYBILL. 



Oklahoma City, Okla. 
Do not back water for a minute. 
H. E. MANSFIELD. 



Rochester. 
Three thousand voters in mass 
meeting pledge you support in your 
fight against Tammany and for 
good government. 

T. H. ARMSTRONG. 



Bath, August 25. 
Feeling that an injustice has been 
done in the methods pursued, in 
the recent action of the legislature 
of the state of New York, I have 
interested myself, and caused to be 
prepared and signed by representa- 
tive citizens of Bath, a protest 
which I am herein sending to you. 
It is our desire that you use this 
as you may deem for your best 
interests. 

T. M. STEWART. 



To the legislature of the state of 
New York: 

We, the undersigned, voters and 
citizens of the town of Bath, 
Steuben county. New York, ir- 
respective of party, do hereby take 
this opportunity to enter a protest 
against the drastic action taken by 
the assembly of this state, in its 
unwarranted, undignified, precipi- 
tate action of impeachment of the 
Governor of this great state. By 



438 



Tammany's Treason 



this we do not attempt to defend 
any wrongful acts that may have 
been committed by the Governor, 
but we believe he should have been 
given the same treatment that is 
awarded to the most obscure citi- 
zen. Every one charged with 
offense is presumed to be innocent, 
under the law, until he is proved 
guilty. 

T. M. Stewart, J. H. Fancett, 
A. B. Grout, Thomas C. Bassett, 
John S. Omsby, William Little, J. 
Robie Griswohl, Stephen S. Read, 
F. E. Wilkes, F. D. Alden, James 
Faucett, Jr., W. H. Barr, William 
S. Shults, F. H. Matthews, F. 
Myron St. John, Seward Tomer, 
S. Webster, Thomas Scuilun, M. A. 
Wrightman, Frank E. Rowe, S. E. 
Morrison, Charles Kausch, Samuel 
W. Upham, John M. Farr, E. H. 
Garrison, L. C. Fairchild, F. D. 
Smith, C. P. Tate, John Snell, W. 
A. Hommes, Frank C. Hamilton, 
L. C. Whitford, Ele Bumdage, J. 
Brownlee, L. M. Ryan, William R. 
Gundeman, C. M. Hunster, J. W. 
Wilber, Floyd S. Smith, Harry D. 
Cohn, D. E. Connie, W. R. Mur- 
phy, R. C. Van Patten, W. H. 
Sharp, H. S. Holcourt, Derward R. 
Lee, T. O. Burleson, M. D., O. 
Jay Heinanson, Morris Dunson, 
A."H. Otis, James A. Hill, William 
H. Simmons, N. H. Daniels, O. 
V. Hahn, Walter Longwell, William 
H. Hicks, E. A. Fuller, H. M. Shan- 
non, E. W. Woodbury, H. N. 
Daynes, L. S. Warner, J. Lyon 
Robie, Wallace Ornett, George W. 
Peck, S. M. Hewlen, B. A. Adams, 
Robert Leavenworth, H. B. Lee, 
W. P. Dean, R. B. Oldfield, A. A. 
BuUard, L. B. Lent, E. F. Smith, 
E. F. Parker, J. F. Cooper, D. B. 
Bivou, R. B. Lee, C. R. Smith, A. J. 
Clark, Van B. Pruyn, B. F. Smith, 
John H. Bowlby, Charles Allison, 
James C. Bruder, J. B. Cooley, 
James L. Whitford, Clinton W. 
Richardson, John L. Stocum, F. C. 
Cooper, A. G. Cooper, A. Bowes, 
John Moore, C. S. Ferris, A. E. 
McCall, W. R. Sutton, H. R. 
Daniels, Morton Storphy, George 
Anna, E. Conley, Henry W. Wil- 
deck, J. B. Scott, Thos. Shannon, 
Edgar Baggerly, D. Spencer Long- 
well, E. L. Evans, H. R. Kellogg, 



C. B. Hadden, A. H. Gardinir, 
M. C. Shannon, H. T. Shannon, J. 
Myron Ringer, G. W. Henice, 
Walter Spraker, R. S. Jones, John 
Simmons, W. P. Van Seater, 
Egbert Caster, S. Rothschild, Wil- 
liam Memschmitt, W. M. Colley, 
Louis M. Eshardt, J. C. Carr, 
George Sutherland, R. Seager, E. D. 
Sluiny, John T. Cameron, D. W. 
Thomas, W. H. Morrison, Bernard 
Arnold, W. Sutherland, Moses 
Grants, Walter W. Carey, C. B. 
Townsend, Edward Loveless, H. A. 
Bill, Frank L. Stocum, James W. 
Green, W. J. McMahan, Jess M. 
Pridmore, H. R. Jackson, J. W. 
Murphy, D. H. Heckman, H. Guy 
Doris, W. S. Tappany, G. R. Chap- 
man, J. Mark Chamberlain, A. C. 
Van Loon, O. D. Mickles, Charles 
Cohn. 



From Governor Pothier of 

Rhode Island 
My dear Governor Sulzer: I 
have read your letter of the 23rd 
instant, as I have also the various 
newspaper and magazine accounts 
of the difficulties connected with 
your administration of your office. 
I appreciate your position and ven- 
ture the opinion that you have the 
sympathy of a majority of the 
people with you. 

Very truly yours, 

A. J." POTHIER. 



From Governor Cruce of 
Oklahoma 

My dear Governor: Your letter 
of the 22nd has just reached me. 
It seems that affairs of government 
are undergoing a radical readjust- 
ment. The people have grown 
tired of the old "ring" system of 
government and are making a 
winning fight to throw off this 
domination. The political bosses 
are making a last desperate stand. 
Driven to desperation in the un- 
equal contest, they are seizing hold 
of every possible weapon to use in 
an effort to perpetuate themselves 
in power. Men's reputations are 
sacrificed with ruthless recklessness 
and nothing is sacred in the eyes of 
these desperate political tricksters. 

The man who stands for honest 
government and who keeps his face 



Impeachment of Governor Sulzer 



439 



constantly set toward the right is 
sure to win a signal triumph. The 
people are not being deceived. The 
people are intelligent and are be- 
coming active and when thoroughly 
aroused to their public duties will, 
in no uncertain way, place their 
stamp of disapproval upon political 
bosses and corruptionists. I am 
Yours sincerely, 

LEE CRUCE. 



From Governor Brewer of 

Mississippi 
Dear Governor: I have watched 
with great interest the fight you are 
making in New York state, and the 
opposition. I hope you will suc- 
ceed in having good government, 
and that you will come out all right. 
Very truly your friend, 

EARL BREWER, 

Governor. 



From Governor Hanna of 
North Dakota 
My dear Governor: I have your 
letter of the 22nd inst. and have 
read it with a great deal of interest. 
I have been following the struggle 
in New York through the press with 
perhaps more interest than usual, 
by reason of the fact that I knew 
you so well while I was with you 
in congress. I am especially pleased 
to know there is nothing in the 
charges which have been made 
against you. 

With kindest regards to Mrs. 
Sulzer and yourself, I am, 
Very sincerely, 

L. B. HANNA. 



From Governor Ferris of 
Michigan 

My dear Mr. Sulzer: I have 
your letter of August 22. Mighty 
glad to hear from you. I glory in 
your grit. Right will triumph. 
Sometimes a little time is involved. 

For years I have known some- 
thing about the enemy you are 
contending with and I am aware 
that no stone will be left unturned 
to overwhelm you and crlish you. 
I am hoping and praying that in 
the trial you will be vindicated. 
I am having my troubles too, but 
they are not along the line of 
fighting political pirates. I have 



a copper strike to contend with and 
any governor who calls out the 
militia to protect life and property 
must take his medicine. He at 
once divides the whole populace. 

I have watched your career thus 
far with interest. I shall continue 
to watch it and hope for your 
vindication. 

Very sincerely yours, 

WOODBRIDGE N. FERRIS, 
Governor. 



From Governor Cox of Ohio 

My dear Governor: I am pleased, 
indeed to have your letter. There 
is the fullest measure of sympathy 
for you here because everyone 
recognizes the kind of fight you 
have been in. 

Very truly vours, 

JAMES M. COX. 



Letter from Governor Blease 
OF South Carolina 

My dear Governor Sulzer: Your 
letter of August 23 has been re- 
ceived. I am in full sympathy with 
you, and sincerely hope that you 
will be able to convince the people 
of New York and the people of the 
United States that you are abso- 
lutely innocent of any wrongdoing. 
I myself, last summer, went through 
just about what you are going 
through now, except that they did 
not attempt the impeachment pro- 
ceedings. I convinced the people 
of South Carolina that I was being 
persecuted, and they stood by me, 
and the main thing for you to do 
is to let the politicians and ringsters 
howl and squirm and convince the 
people that you are right, and they 
will never forsake you. Trust in 
God and you will always be a 
winner. 

So far as South Carolina is con- 
cerned, you and you alone are 
looked upon as the governor of 
New York. 

With best wishes. 

Very respectfully, 
COLE L. BLEASE, 

Governor. 



Johnstown Democrat 
Resolutions passed by the Demo- 
cratic city committee of the city of 
Johnstown, August 25, 1913. 



440 



Tammany's Treason 



Dear Sir: At the regular meeting 
of the Democratic city committee 
of the city of Johnstown, August 
25, 1913, the accompanying res- 
lution was unanimously adopted, 
and a copy ordered sent to you: 

Whereas, The Democratic city 
committee of the city of Johnstown, 
N. Y., deeply feels the shame and 
indignity cast upon the party and 
upon the state by the attempt that 
has been made, through a resolu- 
tion hastily passed by the assembly 
without consideration for the honor 
of the party or the welfare of the 
state, to impeach our honored 
leader, William Sulzer, governor of 
New York; therefore, be it 

Resolved: That this committee 
fully believes in the integrity and 
loyalty of the people's governor, 
and being assured that the charges 
made against him are actuated by 
malice and fear, and have no foun- 
dation in fact and are of doubtful 
legality, hereby extends to William 
Sulzer, governor of New York, the 
hearty assurance of its faith in his 
integrity and its respect for his 
brave and steadfast support of the 
principles and pledges of his party 
and for his devotion to the welfare 
of the people of the state. Be it 
further 

Resolved: That this committee 
condemns the rash and ill-advised 
act of the majority of the assembly, 
and trusts that a court of higher 
authority and dignity may fairly 
weigh the evidence and render a 
just and impartial judgment upon 
the issue that has been thrust upon 
the people of this great common- 
wealth. 

JAMES F. MURRAY. 

Secretary Democratic City Com- 
mittee, Johnstown, N. Y. 



Y^ATES Progressives 
Resolutions passed by the Nat- 
ional Progressive County Commit- 
tee of Y^ates county, August 26, 
1913. 

Whereas, The platform of the 
National Progressive party in this 
state declares for state-wide prima- 
ries, and the vote of all the repre- 
sentatives of said party in the state 
legislature was in keeping with the 
platform pledges of the party, and 



Whereas, William Sulzer, the 
duly elected constitutional governor 
of this state, has fearlessly endeav- 
ored to assure the passage of a 
genuine state-wide direct primary 
bill, notwithstanding the united 
opposition of the two party leaders 
working in collusion to secure its 
defeat. 

Resolved : That we, the members 
of the National Progressive com- 
mittee of Yates county, in regular 
session, hereby commend Governor 
Sulzer in his efforts to obtain the 
passage of an honest state-wide 
direct primary bill, and thus restore 
to the people the state government 
which has for so long been con- 
trolled by the invisible government 
at New York, and Albany, and, 
be it 

Resolved: That we likewise 
condemn the methods used by the 
political enemies in his own party 
to discredit him in order to retard 
the progress of direct primaries, 
which would allow the political 
plunderers to continue robbing the 
tax-payer through the present 
system of boss control. 



Student's Literary Circle 

At a mass meeting at the Chrystie 
Street Settlement house, 186 Clirys- 
tie street, under the auspices of the 
Students' Literary circle, Tuesday, 
August 26, 1913, the following 
resolutions were adopted unani- 
mously. 

Whereas, William Sulzer, the 
duly elected governor of New York 
has lived up to the pledges he has 
made to the people and in doing so 
he has committed no crime except 
in serving the people in an honest, 
upright and intelligent way. A 

Whereas, In discharging his 
duty as the executive officer of the 
state of New York, he incurred the 
enmity of unscrupulous politicians, 
who, as a result, conspired to re- 
move him from office and gain con- 
trol of the state government, and. 

Whereas, The removal of Gov- 
ernor Sulzer from office would be 
a great detriment to the state of 
New York and its citizens, be it 
therefore 

Resolved: That we, citizens 
assembled here under the auspic 



Impeachment of Governor Sulzer 



441 



of the Students' Literary circle in 
the auditorium at 186 Chrystie 
street, city of New York, condemn 
the action of the assembly in im- 
peaching Governor Sulzer. And 
be it further 

Resolved : That we call upon the 
members of the senate who are to 
try the governor on the alleged 
charges, to cast aside all political 
prejudices, and be as impartial in 
their judgment as the people expect 
them. And be it further 

Resolved: That one copy of 
these resolutions be sent to Gov- 
ernor Sulzer and another to the 



press. 



L. GOLDMAN, 

President. 



POUGHKEEPSIE TRADE COUNCIL 

Resolutions passed by the Pough- 
keepsie Trade and Labor Council, 
August 27, 1913: 

Whereas, Governor William Sul- 
zer of the state of New York has 
commended himself to organized 
labor by his veto of the vicious 
Foley-Walker bill in spite of all 
the efforts of casualty insurance 
companies in its behalf, and 

Whereas, Governor Sulzer has 
further expressed himself in favor 
of measures urged by the State 
Federation of Labor in the interest 
of the working class and which is 
proven by his signing the full crew 
train bill, and nearly fifty other 
labor measures passed at the last 
session of the legislature, and. 

Whereas, Creatures of Charles 
F. Murphy in the legislature of the 
state of New York, driven by the 
whip of a master determined to 
continue a system of graft and 
spoliation, have shamelessly voted 
to impeach a chief executive more 
favorable to organized labor than 
any hithertofore elected, be it, 
therefore. 

Resolved, By the Poughkeepsie 
Trade and Labor Council, repre- 
senting twenty-two hundred union 
men of this city, that it extends its 
support and hearty approval to 
Governor Sulzer in his fight against 
the domination and dictation of 
Boss Murphy and Tammany Hall. 

Resolved, That we urge the 
organized workingmen of the state 



of New York, regardless of political 
affiliations, to rally around the 
standard of Governor Sulzer in the 
present emergency, and to adopt 
resolutions of impeachment against 
the Tammany state senate, which 
refused to confirm John Mitchell 
as labor commissioner, and which 
has, so far, refused to confirm 
James M. Lynch, president of the 
International Typographical union; 
be it further 

Resolved, Inasmuch as the state 
senate has no defense and must 
plead guilty in refusing to confirm 
the appointment of John Mitchell 
and James M. Lynch, that we im- 
peach the Tammany senate, and 
call upon every central body in the 
state to do likewise, and that a 
copy of these resolutions be for- 
warded Governor Sulzer, the State 
Federation of Labor, in its con- 
vention at Utica, September 9th, 
and to the press for publication. 

(Signed) JOHN J. COOK, 

President. 
PHILIP COOK, 
Secretary. 



Auburn Bible School Union 
At a meeting of the law enforce- 
ment committee of the Auburn 
Bible School union the evening of 
August 27, 1913, in the city of 
Auburn, N. Y., the following reso- 
lution was introduced by Henry D. 
Parsell and adopted unanimously: 

Resolved, that we, the members 
of the law enforcement committee 
of the Auburn Bible School Union 
extend to our Governor, William 
Sulzer, our loyal support and en- 
couragement in this regrettable 
time when his good name and ad- 
ministration are attacked. We very 
deeply appreciate his loyalty to our 
committee in our efforts to suppress 
vice and crime in Auburn during 
the past year and furthermore, we 
fully believe he will be vindicated 
of the charges preferred and will 
again be permitted to continue the 
good work he so bravely carried on 
until suppressed by what we believe 
to be an organized alliance of the 
enemies of law, order, and public 
honor. It is further resolved that 
a copy of these resolutions be sent 



442 



Tammany's Treason 



to Governor Sulzer and a copy be 
spread on the minutes of the com- 
mittee. 

(Signed) O. C. RULEY, 

Secretary Auburn Bible School 
Union. 



used since the present administra- 
tion entered upon its duties, to the 
great expense, injury and dis- 
approval of the people. 



Yates County Democrats 

Resolutions adopted by the Demo- 
crats of Yates county. 

Whereas, the people of this state, 
in accordance with the laws there- 
of, duly elected and placed in office 
Governor William Sulzer, who is, as 
we believe, entitled to act as the 
executive of this state and should 
so act without interference except- 
ing through legal channels, and be- 
lieving that he has honestly, con- 
scientiously, fearlessly and suc- 
cessfully performed his duties as 
Governor and has acted for the 
best interest of the people, and that 
the present attacks upon him are 
sinister and dishonorable, for the 
purpose of placing the reins of 
government in the hands of persons 
and organizations not elected by 
the people or in any way authorized 
to represent them, and to intimi- 
date other officeholders and legis- 
lators and to bring the state 
government under their control and 
make subservient to selfish and 
individual interests the chief ex- 
ecutive of this state, be it 

Resolved, that we believe the 
attack made upon Governor Wil- 
liam Sulzer is as much an insult to 
every reputable person in the state 
of New York as to the Governor 
personally, and should be resented 
as such, and that we believe that 
all persons aiding such an attack 
are guilty of treason in forcing im- 
peachment proceedings against 
Governor William Sulzer without 
justice or authority of law, and 
that any person connected there- 
with has forfeited any right to our 
support or to hold office or position 
as a servant of the people. And be 
it 

Resolved, that we disapprove of 
the effort used by the enemies of 
good government to harass, hinder, 
delay, and thwart the proper, regu- 
lar and orderly procedure of the 
state as directed by Governor 
William Sulzer, which had been 



The Rev. Charles 11. Parkhurst, 
Lake Placid: 

The cause which is so close to 
your heart is also very close to mine 
and has constantly engaged my 
thought. 

Mrs. Delia A. Howe, Cambridge, 
N. Y.: 

The right will prevail though the 
road may be rough and stony. 

Maurice D. Leehey, Seattle, 
Wash.: 

No government can long prevail 
under boss rule with its attendant 
graft and intimidation. But our 
government will not fail, because 
men like William Sulzer arise from 
time to time with courage to defy 
the martial power of vice and 
wealth. Men have given their 
lives to a cause less worthy than 
that for which you are now engaged. 
It is not Governor Sulzer who is on 
trial, but it is the capacity of the 
American people for self-govern- 
ment. 

Samuel Glober Dunseath, Faith 
Presbyterian church, New York 
city: 

The transgressions with which 
you are charged, whether they be 
real or the vicious concoction of a 
vicious organization, are as nothing 
compared with the positive sins of 
that same organization. You are 
still the people's governor in spite 
of Murphv and all his allies. 

George "W. Hills, Albany: 

I hope to see Tammany routed on 
the impeachment proceedings in 
September and submerged by a 
tidal wave in November that will 
sweep the grafting heads of this 
conspiracy against law and order 
into Sing Sing, where they all 
belong. 



Miss Emma McCauley, secretary 
Central Labor union, Newburgh: 

The Central Labor union at its 
meeting on August 28th, passed a 
motion to give you its approval and 
endorsement in the fight you are 
making against political corruption. 



Impeachment of Governor Sulzer 



443 



Richard Irving, New York city: 
I am a Republican, but I will not 
stand for a lynching bee by either 
Republicans or Democrats. 



The Rev. Donald C. MacLeod, 
First Presbyterian church, Wash- 
ington: 

I rejoice to see you are holding 
your own against the unprincipled 
unscrupulous and resourceful enemy. 



The Rev. Madison C. Peters, 
Brooklyn: 
You have more friends than ever. 



Alberto Hinman, New York city: 

Mr. Five Thousand Dollar Levy 

is getting weaker every day in his 

district, and all your enemies are in 

the same fix or a worse one. 



William C. Plum, Washington: 
Remember Tilden. When he 
shook himself loose from Tammany 
and Tweed, the people rallied to his 
support. Not even the superb 
democratic character of such clean 
men as Horatio Seymour, Sanford 
Church, Amasa J. Parker, Allan C. 
Beach, Erastus Brooks, Erastus 
Corning, Roswell P. Flower and 
others, who went to the aid of 
Tammany in its effort to defeat 
Tilden's nomination for President 
in 1872, could stem the political tide 
for Tilden or shake the faith of the 
people in him. History repeats 
itself. Tammany and Murphy 
have no such backing now among 
such decent people as it had in the 
days of John Kelly. Tammany 
Hall under Boss Tweed's rule never 
approached the rottenness and 
lawlessness it has under Murphy, 
and it never betrayed and sold out 
for cash a Democratic nominee for 
Presidency as Murphy twice sold 
William J. Bryan. 



Emanuel D. King, Brooklyn: 
When you are acquitted of the 
trumped-up charge, your prestige 
will be equaled by no one else's in 
this country. 



J. A. Walsh, Philadelphia: 
Ninety-five per cent, of 
people are on your side. 



the 



George M. Donehoo, Owatanna, 
Minnesota: 
Your friends out here trust you. 



Hugo Minor, Cannel City, Ken- 
tucky: 

Nobody out here has ever for an 
instant doubted your integrity. 



Fred. A. Shelley, New Fawne: 
I did not vote for you because I 
thought you were going to be a 
Tammany tool, but your stand on 
political questions has convinced me 
that I misjudged you and I am now 
heartily with you and I expect to 
see you triumphantly vindicated. 

Stanley C. Tyndall, Yonkers: 
The law, the prayers and the sym- 
pathetic backing of all people of all 
parties are with you in this struggle. 



Fremont Wilson, New York city: 
Your friends are not asleep. 

They do not propose that you shall 

have a funeral. 



Irving O. Nellis, Utica: 
They are beginning to squirm. 
Keep them under gun. 



W. J. Shields, Buffalo: 

I have never seen such sentiment 
for anyone in public life as there is 
here for you. We will clean out 
Murphy and Fitzpatrick in this 
county. It is cheering and won- 
derful. 



William Merrifield, New Brigh- 
ton: 

I have yet to find one man who is 
not in sympathy with you in the 
present crisis. 



Isidore Rosenbluth, Newark, N.J. 

The Independent Order of King 
Solomon with a membership of 
three thousand in this city of New 
Jersey, feel it a duty to express to 
you through its Grand Lodge, the 
hope that victory will be with you. 



Mrs. J. B. Campbell, Brooklyn: 

I go out among the people a good 

deal and I have yet to hear one 

unkind word about you. Stick to 

the chair, don't budge an inch. 



444 



Tammany's Treason 



L. M. Sweet, Beagle, Oregon: 
I am always a friend of old Bill 
Sulzer, and I have wished many 
times that I could be there to help 
you. 



John A. Sleicher, Editor Leslie's 
Weekly, New York city: 

Stay in, but turn the rascals out. 



Augustus Townsend Scudder, 
Brooklyn: 

These dark days, when your 
worries must be great, do not forget 
that old friends like myself, feel for 
you and wish to help you wherein 
they can. You have my best 
wishes. 



Henry Wellington Wack, New 
York city: 

I believe a poll of the state would 
indicate that seventy per cent, or 
more of its residents are with you. 



Horace C. King, Bellport, Long 
Island: 

The course of the New York 
Times against you is infamous. I 
will gladly do all that you may ask 
of me. 



Dudley G. Wotton, Seattle, 
Washington : 

You are paying the penalty of 
being an honest man surrounded by 
thieves and blackmailers. Nobody 
who values courage and constancy 
in public men believes you are 
guilty of more than defying the 
corrupt and crooked despotism of 
the man that is trying to crush you. 



Theodore P. Cook, Utica: 
The impeachment proceedings 
have been a farce from the begin- 
ning. 



Daniel Harris, President New York 
State Federation of Labor: 

We are all irrevocably with you in 
your fight for the people. 



Harry W. Dryden, Schenectady: 
I am sure that enough of the good 
people of the state will rally to your 
support to continue you in the office 
to which you were righfully elected 
and which you are so eminently 
qualified to hold. 



James E. Schwarzenbach, Hor- 
nell: 

You have thousands of friends in 
this section. 



W. Walton Bryant, Kansas City: 
All the good western people send 
you well wishes. It is a pity that 
they have not more men who have 
the courage to do what they know 
is right. 



William F. Lareau, Rochester: 
You are trying to clean the state 
of a pest that is worse than any 
disease which was ever inflicted 
upon the people of the state of New 
York. I have canvassed one hun- 
dred and seventy-five of my busi- 
ness friends and every one of them 
is a supporter and well-wisher of 
yours. 



W. H. Newton, Earlville: 
Nearly everybody in the Chen- 
ango valley denounces the outrage 
against you and admires your back- 
bone. 



The Rev. George A. McAllister, 
Chester, N. Y.: 

You are bearing a heavy burden 
now, but it is for the people of the 
state of New York and you must 
stand fast. We are praying for you 
privately and in public. 



Paul Turner Willis, Lynchburg, 
Va.: 

Be of good heart. You know 
that although the people are some- 
times called fickle on the question 
of morals and righteousness, they 
will support the opponents to cor- 
ruptness and will beyond a doubt 
stand by you to the end, which end, 
I believe, may be the absolute dis- 
ruption of Tammany and all that 
it stands for. 



Evelyn S. Garrett, Williamsport, 
N. Y.: 

For years I have resisted the 
attempt of Mr. Murphy to fasten 
the grip of Tammany Hall in this 
county. Mr. Murphy has only half 
succeeded in dictating Democratic 
politics here, but if you are allowed 
to have a few months of power I 



Impeachment of Governor Sulzer 



445 



am sure Mr. Murphy will be driven 
out of every county in this state. 
Every good citizen should wish you 
success. 



Monroe Terwilliger, Goshen: 
Keep on investigating until the 

criminals are where they should be, 

in prison. 



Dr. Emma Wing-Thomson, 
Schenectady: 

We are all so thankful to see a 
man who is loyal and brave at the 
head of our state. 



Edward P. Totten, Bowman, 
North Dakota: 

You may rest assured that the 
thoughtful and progressive Demo- 
cracy of the country is solidly 
behind you in your part of the age- 
long struggle of liberty against 
privilege. We shall move forward 
with better thanks because of your 
brave stand. 



Former Representative George 
Fred Williams, of Massachusetts: 

I do not need to read the defenses 
that 3^our friends have put together, 
because no amount of evidence 
could shake my faith in your in- 
tegrity, and I, therefore, am not at 
all anxious to read your defenses. 



I do not think I have known you 
all these years to be deceived in 
your high character. If you have 
made any blunders or others have 
made them for you. they are a 
part of everyone's lot; I care not 
what the tribunals of New York 
say: George Fred Williams will be- 
lieve in William Sulzer to the end. 
Do not lose your courage for I 
think the people will stand behind 
you and the best thinking men of 
the country will give you their co- 
operation. 



A. W. Thompson, Preston, Minn. : 
I have watched closely the bitter 
fight that Tammany is making on 
you and I assure you I deeply sym- 
pathize with you, and it is my earn- 
est hope that you will come out 
victorious in the big struggle. One 
very gratifying thing about the 
matter is, that outside of your own 
state every paper I have seen takes 
your side in this matter, and there 
is not much room for doubt but 
what you are absolutely right and 
that your daring the Tammany 
gang they could not run the 
Governor's office, they are simply 
determined to crush you. I shall 
anxiously look forward to your 
complete vindication. 



446 



Tammany's Treason 



CONTRIBUTIONS TO THE ALBANY 
KNICKERBOCKER PRESS FUND 



"A Friend of Honest Gov- 
ernment" $100.00 

Thomas Hunter, Albany ... 10 . 00 
Elizabeth A. Smart, Tomp- 

kinsville, S. 1 2.00 

Hyman Abramonitz, 75 E. 

114th street. New York. 1.50 

Hyman Rosefeld, New York 5 . 00 

Ben H. Bearman, New York 5 . 00 
Samuel Porvancher, New 

York 1.00 

J. W. Wiltse 10.00 

Calvin E. Keach 5.00 

Fred J. Stephens 10.00 

TheronAkin 10.00 

Caroline Betz, Albany 2.00 

Samuel Goldfine, Schenec- 
tady 3.00 

William W. Darling, Kings- 
ton 10.00 

Arthur W. Weid, Round 

Lake...., 2.00 

Naumoff and Loew, Sche- 
nectady 3.00 

"Enemy of Boss Rule and 
Advocate of Direct Pri- 
maries" 5.00 

D. Zeiser, Troy 10.00 

A. E. Roff, Richfield Springs 1 . 00 

* 'A Lover of Justice, ' ' Albany 10 . 00 

F. A. W., Binghamton, N. Y. 1 . 50 
"Drive the Grafters Out" . . 5 . 00 
James Burke, Schenectady . 1 . 00 

C. Panlier 1.00 

William W. Terns 1.00 

ValNold 1.00 

A. Taber 1.00 

C. Flamburg 1.00 

William Shultz 1.00 

G. Bronk 1.00 

H. McCartney 1.00 

A. E. Sloeter 1.00 

H. Ridings 1.00 

N.Hamilton 1.00 

Charles J. Mclntyre 1 . 00 

S. Irving .50 

L. Halt 50 

H. Ellerhoff 50 

James Bolan .50 

L. Bovcinck .50 

L Stanjues .50 

J. Deskewiez 50 



Roy Weedman $0.50 

A. Echochard .50 

A.Wilson 50 

M. A. Dancy 2.00 

E. H. Grupe 2.00 

W. Sutliff 1.00 

S.Mathews 1.00 

C. Onderkirk 1.00 

H. Sitts 1.00 

J. McCartney 1.00 

Peter McGinnis 1.00 

Gerald H. Goodwin 1 . 00 

A.Perkins 50 

T. Quaid 50 

A. Lewis .50 

L. Smart .50 

L. Millimay 50 

Robert McCartney 50 

Ed. Doring .50 

Richard Osterhout .50 

T. McElroy 50 

H.E. Grupe 50 

T. McCarten 50 

Frank Wilbur 50 

Charles Baer .50 

Joe Izinka .50 

A. Nickla 50 

J. Closs 50 

W. Plumadore 1.00 

C.Bellinger 1.00 

W.L.Nelson 1.00 

Fred Boudreau 1 . 00 

J. L. Willard, Rochester ... 10.00 

Frank Hermans, Troy 1.00 

Irving Russell 5 . 00 

Mrs. A. E. Dyer, Rochester 1 .00 
J. F. Trump, Jr., Spring- 
field, O 1.00 

M. S. Cameron, Albany ... 1 . 00 
Ferdinand Gutman, New 

York 10.00 

O. F. W. Wendt, Albany . . 1 .00 
J. H. Ward, Stephentown . . 2 . 00 
"A Friend in Saratoga Co." 10.00 
"An Enemy of Boss Rule 

and Graft" 1.00 

E. P. Morrison, Ossining . . 5.00 
E. J. Whitehead, Westfield, 

N.J 10.00 

Mrs. Louise Clark, Albany. 1 .00 
Mrs. Edith I. Sill, Albany. 2.00 
E. Slawskv, Albany 1 .00 



Impeachment of Governor Sulzer 



447 



C. Smith, Albany $1 . 00 

Wm. Schaff, Schenectady. . 1.00 

S. C. A. G. F 10.00 

George Waldron, Albany. . 1 .00 

F. E. Roff , Richfield Springs 1 . 00 

Walter A. Conklin, Catskill 2.00 

John Connor, E. Greenwich 2 . 00 

Michael Volland, Buffalo . . 50.00 

Schenectady Citizens 114.12 

Jay A. Robinson, city 1 .00 

R. R. Thompson, city 5 . 00 

C. W. M., city 1.00 

Calvin E. Keach (2nd con- 
tribution) 5.00 

H. Fiat, New York 1.00 

Martin Bearman, New York 1 . 00 

I. Winograd, New York ... 1 .00 

Edward Joseph, New York. 1 . 00 

Jacob Lipeles, New York . . 1 . 00 

Harry Specter, New York . . 1 . 00 

Harris Goldstein, New York 1 . 00 

Robert Jacobson, New York 1 . 00 

R. Wolworth, New York . . 1.00 

Geo. W. Bender, Catskill . . 2.00 



Clinton Clough, Woodstock, 

N. Y $1.00 

James F. Leahy, Utica .... 25 . 00 
Ex-member Wichita club, 
M. W. G. Garsson, New 

York 2.00 

Emil Kovarik, Albany 1 . 00 

Charles J. Miller, Newfane, 

N.Y 5.00 

J. F. McClaughry, Hamil- 
ton, 111 1.00 

A Friend, Troy 1.00 

Old Veteran, Ghent 2 . 00 

Dr. C. McConnell, Hogans- 

burg 1.00 

HelenA. Winne 1.00 

A. J. McDonald, Schenec- 
tady 50 

D. J. Ross, Amsterdam 1 .00 

S. H., Schenectady 5.00 

Calvin E. Keach (3rd con- 
tribution) 5.00 

A Friend of the Cause 5 . 62 



448 



Tammany's Treason 



NON-PARTISAN CITIZENS COMMITTEE OF ALBANY, N, Y. 

Chairman Secretary 

Henry L. Kessler John D. Chism 

Treasurer 
F. H. Bryant 

On Matter of Protesting Against the Methods of the 
Impeachment of 



GOVERNOR WILLIAM SULZER 



Dr. Geo. H. Houghton 

Solomon Hydeman 

Walter E. Ward 

Thomas Austin 

A. Tarsish 

Henry J. Crawford 

H. L. Kessler 

M. Lincoln 

S. Pierson 

F. W. Cameron, 2d 

Rev. Charles S. Hager 

M. T. Adams 

Dr. C. M. Culver 

John E. Dugan 

Rev. J. Levison 

John J. Dillon 

John Hayford 

George Lawyer 

Kassel Simon 

Rev. Arthur M. Ellis 

James C. Sheehan 

Jay W. Forrest 

Smith O'Brien 

Dr. Elmer A. Blessing 

A. Reiner 

A. U. Wager 

H. Brody 

E. A. Doty 

Wm. J. Hough 

Robert C. Campbell 

Hyman Alexander 

Prof. Edward A. Jones 

John D. Chism 

Thomas F. Dolan 

John Franey 

H. Klein 

Rev. Charles F. Shaw 



Julius F. Harris 
George B. Russell 
Eli M. Woodard 
Charies H. Mills 
Borden H. Mills 
George A. Harrig 

E. F. Hunting 
M. Schonfeld 
Benj. Hensler 
George T. Clapham 
S. Zuckerman 

A. Le Vinson 
H. B. McClennan 
S. Steinbock 
James Ackroyd 
M. A. Gauntlett 
Rev. Roelif H. Brooks 

F. H. Bryant 
Charles J. Davis 
A. Phillips 

Rev. Harold S. Metcalfe 
Rev. Kingman CoUedge 
Wm. J. Coulson 
David J. Fleming 
Alphonse B. Fisher 
Joseph McDonough 
Henry George 
E. A. Peck 
John J. Murray 
A. Yaroslawsky 
George C. Hisgen 
Rev. E. R. James 
Albert Ritchie 
Clinton Pierce 
Rev. Wm. H. Hopkins 
George Waldron 
George H. McGrew 
Rev. Charles Graves 



Jacob L. Ten Eyck 

J. C. E. Scott 

O. C. Mackenzie 

Wm. Lodge 

A. Brummer 

Prof. Frank A. Gallup 

Levi Cass 

Lewis Cass 

Clarence Hotaling 

Roland J. Ford 

James J. Fleming 

C. E. Lindsay 

J. Eicher 

Lewis J. Mackler 

Isidor Brooks 

Rev. James N. Knipe 

Deny Pollock 

A. Burack 

J. H. Gillespie 

Edward Gutekunst 

Wm. J. T. Hogan 

Wm. H. Bond 

Rev. George Dugan 

Geo. A. Whish 

Fred J. Riggs 

Walter J. Eaton 

U. G. Stockwell 

Robert Stanley Ross 

Rev. George K. Statham 

Byron Holmes 

C. A. Covey 

Philip H. Scott 

A. Redding 

F. L. McClennan 

Charles M. Swan 

James T. Townsend 

Amasa J. Parker 



Impeachment of Governor Sulzer 449 

MASS MEETING 

Odd Fellows Hall— September 17th, 1913 



Speakers 

Chairman 

Rev. Wm. Herman Hopkins, D.D. 

Hon. George R. Lunn Hon. Jay W. Forrest 

Rev. Madison C. Peters Hon. Lynn J. Arnold 

James S. Sheahan Hon. Eugene D. Scribner 

Rev. Milton B. Pratt Hon. Jacob L. Ten Eyck 

Hon. Samuel B. Thomas Henry L. Kessler 

Long before the hour scheduled for the meeting the hall was 
filled. Before the Rev. William Herman Hopkins called the 
meeting to order the rear of the hall was deep with the standing 
crowd, and police were forced to stand guard at the balcony 
entrances to prevent more crowding there. Filling the hall 
and stretching out into Lodge street were more than 400 
citizens, unable to gain an entrance, waiting in the rain for the 
overflow meeting. But few women were in the audience, the 
crowd for the most part being made up of actual voters who 
are prepared to endorse their sentiment with ballots at the 
polls in November. 

Mayor George R. Lunn, of Schenectady, the first speaker, 
said: 

" We might inquire what motive actuated the legislature 
when it moved to impeach Governor Sulzer. Was it purity 
of politics which was desired ? Save the word. What was 
desired was that Tammany Hall should be able to get its 
hands on $60,000,000 in good roads contracts, on millions in 
other contracts — that it should grasp New York state as it 
has long grasped New York city. 

" We have got to get rid of the seventy-six Murphy puppets 
in the state assembly who are servile enough to take orders. 
We have got to get rid of all of their ilk. They are the people 
in their own estimation. But the people of the state think 
differently, only they have not yet had the courage to come out 
and stand against such sort of government." 



450 Tammany's Treason 

Jay W. Forrest of Albany declared that William Sulzer 
would be acquitted of the charges against him, and the audience 
backed up the sentiment with hearty applause. Mr. Forrest 
confined himself, for the most part, to a recital of past deeds 
of Martin H. Glynn. He sprung a little surprise in reading 
extracts from a letter written from New York to Eugene D. 
Woods, formerly of Albany. 

" They had a meeting Wednesday at Delmonico's," wrote 
Mr. Woods. " Glynn and McCabe were present, as was 
McCall, McCooey, Wagner and Murphy." 

" Sulzer could have retired from office with his share of the 
public plunder," said Mr. Forrest, "if he had stood with 
Murphy, Glynn and McCabe et al. But he refused and this 
fight is your fight." 

Rev. Milton B. Pratt of Amsterdam said in part: 

"If this thing were not such a deep, dark tragedy, it would 
be a screaming farce. I am a minister and I talk a good deal 
about heavenly crowns. Well, I venture to suggest a crown 
for Charles F. Murphy — a crown of asbestos with a mica top. 
Wagner and Levy and a few others should order the same kind. 
They will need them." 

Jacob L. Ten Eyck of Albany, the next speaker, said : 

" The state assembly is a grand jury in this instance. What 
did the state assembly act upon — the report of a joint com- 
mittee headed by a member of the state senate, now sitting as a 
member of the court of impeachment, and having as its mem- 
bers other senators who are now also judges. 

" What a farce to suppose that this court can deliver an im- 
partial verdict with members upon it who have already de- 
clared their convictions ? These men sought evidence — heard 
testimony — and now they are to sit as ' impartial ' judges in 
what is termed the highest court in the land. 

" I recall a bit of old history. Before Justice Barnard, a 
member of the supreme court, and Justice Peckham, also a 
member of that court, had had some personal trouble. When 
Justice Barnard was impeached Justice Peckham was a mem- 
ber of the Court of Appeals, and as such was to sit on trial of 
his former colleague. What did Justice Peckham do ? He told 
the Court of Appeals that he did not want to sit — he said that 
his verdict might be influenced by past events. Can you 



Impeachment of Governor Sulzer 451 

imagine Frawley or Wagner or any of the others doing that 
tomorrow, when the Court of impeachment convenes ? But 
the court should purify itself by debarring these men from 
sitting. That must be plain to everyone. If Frawley and 
Wagner attempt to sit, I want to tell you that the American 
people won't stand for it. 

" There are some things about this court of impeachment 
that I, as an American citizen, want investigated. I am told 
that Charles F. Murphy was on the telephone for hours, 
talking to members of the assembly. If Murphy attempted 
to influence the votes of any of these assemblymen he should 
be called to account for it. The assembly lost its identity as a 
legislative body the moment it began to consider these articles 
of impeachment and it became a judicial body. It was a grand 
jury, nothing more nor less. If Murphy did this — if votes 
were influenced, then this case should be thrown out of court, 
as would be the case in any court of law under similar cir- 
cumstances." 

Following the last speaker, the Rev. J. Addison Jones, 
pastor of the Madison Avenue Reformed church, of Albany, 
offered the resolutions which were adopted by the meeting. 
In placing the motion. Dr. Hopkins asked the audience to vote 
assent by both standing and saying " aye." Like one person 
the audience rose, and shouted a thunderous " aye," adopting 
the following: 

Resolved, that we affirm our confidence in Governor Sulzer 
and extend to him our support in his efforts to maintain the 
dignity of the state government and to rid the public service 
from boss rule and unworthy servants. 

Resolved, that we deplore the aggressions of Tammany 
Hall and its efforts to seize the government as inimical to the 
best interests of the citizenship of this state and as subversive 
of the fundamental principles of popular rule. We urge all 
citizens, irrespective of party affiliations, to join in opposition 
to the band of political pirates and marauders, who are now 
assuming to dictate the offices and the policy of the state. 

Resolved, treason to the state must stop. The leaders of 
Tammany Hall should profit from the example of Tweed. 
The people of the state of New York are still fit for self-govern- 
ment. 



452 Tammany's Treason 

We further pledge ourselves to support as candidates for 
members of assembly at the coming election only such can- 
didates as shall favor the interests of the people in affording 
to every voter the widest expression in the choice of candidates 
for public office. 

Resolved, that a copy of these resolutions be forwarded to 
Governor Sulzer. 



Impeachment of Governor Sulzer 453 

INDEX 

Page 



Allds, Jotham P., political effect of trial 21 

Arnold, Lynn J., his editorial on Barnes and Murphy 415 

Ashurst, Henry S., U. S. Senator of Arizona writes Sulzer 370 

Bayne, Howard R., introduced hydro-electric bill in 1912 86 

Beardsley, S. A., opposes hydro-electric bill 89 

Belmont, August, attacked by Bryan at convention 25 

Blake, George W., Murphy opposes his appointment as secretary 38 

Murphy demands his investigation of prisons cease 63 

Report on Auburn prison 303 

Brady, Anthony N., interest in hydro-electric bill 86 

Bryan, William J., his attack on Murphy at Baltimore 25 

Brackett, Edgar T., speech against Sulzer in court 240 

Brewer, Governor of Mississippi, writes to Sulzer 367 

Carlisle, John N., Sulzer wanted him recognized by organization 39 

Appointed chairman of inquiry committee 47 

Appointed highway commissioner 103 

Clark, Champ, his defeat for nomination at Baltimore 26 

Clark, Frank W., editorial in " Knickerbocker Press " 412 

Cohalan, Daniel F., his trial by legislature 110 

Conger, Senator Ben, witness in Allds trial 21 

Conners, William J., quarrels with Charles F. Murphy 23 

Connolly, John A., witness against Cohalan 110 

Croker, Richard A., relations with Sulzer 20 t 

Callanan & Prescott, Capitol contractors 287 

Colquit, O. B., Governor of Texas, writes Sulzer 368 

Cox, Governor of Ohio, writes Sulzer 365 

Cruce, Lee, Governor of Oklahoma, writes Sulzer 366 

Crater, David S., Secretary of State of New Jersey, writes Sulzer 366 

Delaney, John H., appointed on inquiry committee 48 

Appointed commissioners efficiency and economy 103 

Loans M. T. Horgan to Frawley committee 116 

His conversation with Sulzer taken by detectaphone 164 

Delmonico conference of bosses to " get Sulzer " 73 

Democratic state convention, 1912, at Syracuse 32 

Direct primary meeting in executive chamber 72 

Dix, John A., nomination for governor 22 

Administration controlled by Murphy 23 

Favors Sheehan for United States senator 24 

One of Murphy's wax figures at Baltimore 25 

Direct primaries, names of men who attended Sulzer conference 319 

Vote on Sulzer in legislature 327 

Donohue, Frank J., Secretary of State of Massachusetts, writes to Sulzer 

on direct primaries 367 

Douglas, Curtis, public service commissioner 49 

Dunn, Bart, Tammany state committeeman, indicted for highway 

frauds 295 



454 Tammany's Treason 

Page 

Editorials from leading newspapers of country on Sulzer case 397-416 

Eisner, Mark, introduces Sulzer bill in assembly 101 

Fielder, James P., Governor of New Jersey, to Sulzer 369 

Fitzpatrick, W. H., Murphy makes him his Erie county agent 24 

Member of Delmonico conference 73 

Porrest, Jay W., independent candidate for congress 28 

Direct primary speech, Schenectady 346 

Frawley, James J., Chairman of Prawley committee 75 

Committee delves into Sulzer accounts 116 

Impeachment report to assembly 121 

Meeting in Saratoga Springs 135 

Objected to as member of court 154 

Asks for and receives pen used to sign certificate of Sulzer's re- 
moval 180 

Pull crew bill for railroads 374 

Gaffney, James E., Murphy urges his appointment for highway com- 
missioner 59 

" Gaffney or war " 61 

Glynn, Martin H., his ambition to be governor 22 

Predicts he will be nominated at Syracuse 27 

Refers to possibility of removal of governor 27 

Knows Tammany plans early in 1912 28 

Praises Dix at Syracuse convention 34 

Urges Sulzer to come out strong for direct primaries 47 

Asks Sulzer to appoint McCabe public service commissioner .... 50 

Predicts in February, 1912, he will be governor 52 

Advises Forrest to stop being independent 52 

Refuses to help Sulzer's direct primary fight 72 

His editorial for direct primaries in 1909 80 

Said most of the bosses are vampires 81 

His interest in hydro-electric bill 89 

" Government by investigation must now cease " 143 

Hearst, William R., breaks with Sulzer on McCall appointment 49 

Hennessy, John A., appointed executive auditor 48 

Receives letter from Eugene D. Wood 90, 92, 93 

Report on Capitol contracts 279 

Spies put on his trail 95 

Report on highways 295 

Herrick, D- Cady, chief counsel for Sulzer, speech in court 225 

Hall, Luther E., Governor of Louisiana, writes to Sulzer 368 

Hitchcock, Gilbert M., U. S. senator, Nebraska, to Sulzer 365 

HoUis, Henry P., U. S. senator, New Hampshire, to Sulzer 365 

Hinman, Harvey D., speech for Sulzer in court 209 

Impeachment articles 383 

Mack, Norman E., arranges meeting between Sulzer and Murphy 66 

Accepts and then declines to serve on primary committee 101 

McKnight, John W., introduced Sulzer bill in senate 101 



Impeachment of Governor Sulzer 455 

Page 
McCabe, Patrick E., asks Jay W. Forrest to stop being independent 

candidate 29 

Offers to have Glynn write him a letter 29 

Murphy's chief of staff at Syracuse 34 

McGovem, Francis C, Governor of Wisconsin, writes to Sulzer 368 

Major, Elliott W., Governor of Missouri, writes to Sulzer 366 

Mann, William Hodges, Governor of Virginia, writes to Sulzer 365 

Martine, James E., U. S. senator. New Jersey 365 

Mason, John A., Murphy wanted Sulzer to reappoint him 38 

Marshall, Louis, sums up for Governor Sulzer 212 

Mitchell, John, objected to by Murphy for labor commissioner 61 

Senate refuses to confirm his nomination 103 

Morgenthau, H., testimony in impeachment court 161 

Mulqueen, M. J., Murphy's candidate for supreme court 62 

Murphy, Charles F., controlled Dix administration 23 v 

His bossdom compared with that of Tweed 24 

His alliance with bosses at Baltimore 25 

Anxious to nominate Glynn for governor 34 

Demands reasons for turning down Dix 35 

Offers to pay Sulzer's debts 41 

Opposes conviction of Stilwell 67 

Tells Sulzer he will wreck his administration 62 

Sends messengers to threaten Sulzer 95 

Writes to Frawley offering to be a witness 119 

Admits he received $25,000 from A. N. Brady 167 

Sulzer calls court of impeachment " Murphy's high court of 

infamy " 182 

McManus, Thomas J., Murphy's candidate for labor commissioner .... 58 

Osborne, Thomas M., his prediction on Murphy 36 

Palmer, George M., wanted to be public service commissioner 49 

Parker, Alton B., opposed by progressive democrats 35 

Chief of counsel against Sulzer 150 

His summing up address before court 219 

Peck, Duncan W., testifies against Sulzer 162 

Perkins, Edward E., Poughkeepsie, works for Sulzer's nomination 34 

Piatt, Chester C, appointed private secretary to Sulzer 38 

Reel, C. Gordon, removed by Sulzer 66 

Sague, John K., opposes Alton B. Parker for chairman 35 

Sarecky, Louis A., testifies for Sulzer 169 

Scovell, E. Boardman, promised and then refused appointment 38 

Scott, Col. Joseph F., superintendent of prisons, removed by Sulzer... . 61 

Shepherd, Morris, U. S. senator from Texas, writes to Sulzer 365 

Sessions, Charles H., Secretary of State, Kansas, to Sulzer 369 

Stanchfield, John B., counsel for Cohalan 113 

Counsel for impeachment managers 150 

Stilwell, Stephen J., his trial by senate 68 

Straus, Oscar A., nominated for governor by progressives 32 

Sulzer, William, entrance into public life 19 



DEC 23 1913 

456 Tammany's Treason 

Page 

Sulzer, William, takes advantage of dissatisfaction witn Dix 25 

Friends urge Murphy to nominate him 32 

And Glynn tour the state after nominations 37 

Referred to by Glynn's friends as a joke 37 

His vote for governor 37 

Begins to hear from Murphy 38 

His meeting with Murphy and other leaders in New York 39 

Murphy offers to give him $100,000 to pay debts 41 

His inauguration and address 43 

Predictions he will be another Dix 46 

Secret meetings with Murphy in New York 56 

His meeting with bosses at Washington 59 

Attends Jefferson banquet and meets boss for last time 67 

Advises Senator Stephen J. Stilwell to resign 101 

His speech to democratic county chairman on primaries 74 

His last speech in executive chamber 122 

His impeachment by assembly 138 

Offers to submit questions as to who is governor 146 

Chafes under the ban of silence during trial 163 

Receives letter from Theodore Roosevelt 163 

Court votes to remove governor 178 

Denounces his removal as political lynching 181 

Greeted as a hero by big meeting at mansion 184 

Presented with a loving cup 185 

His last speech at the mansion 186 

Nominated in New York city by progressives for assembly 188 

Leaves Albany for New York • 188 

Triumphal procession greets him in New York 189 

His speeches during New York city campaign 192 

Elected assemblyman in the sixth district ;.. . 201 

Speech at Buffalo, May 19 339 

Speech at Rochester, June 11 353 

Message to extraordinary session, June 16 360 

His last message to the legislature 377 

Letters and telegrams condemning his impeachment 421 to 446 

Protest meeting at Ticonderoga 421 

Protest meeting at Albanv,;^.^^:-: 448 

Trammell, Park, Governor of Twtas;^ writes Sulzer 369 

Thompson, George F., senator, acts with Tammany 116 

Vardamann, James K., U. S. senator from Mississippi, writes to Sulzer. 368 

Vote on impeachment in assembly 141 

Vote in court of impeachment on the eight articles 173 

Vote on article one 174 

Vote on removal of Sulzer 175 

Wagner, Robert F., predicts trouble for Sulzer 96 

Wood, Eugene D., letter tells of Delmonico conference 92, 93 

Whyard, William H., indicted for highway frauds in Rockland county.. 295 

West, Oswald, Governor of Oregon, writes to Sulzer 356 



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